• Hildegarde@lemmy.world
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    4 months ago

    The relevant regulation is Title III of the ADA, which is the part that applies to private businesses.

    36.307 Accessible or special goods:

    (a) This part does not require a public accommodation to alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individuals with disabilities.

    (b) A public accommodation shall order accessible or special goods at the request of an individual with disabilities, if, in the normal course of its operation, it makes special orders on request for unstocked goods, and if the accessible or special goods can be obtained from a supplier with whom the public accommodation customarily does business.

    © Examples of accessible or special goods include items such as Brailled versions of books, books on audio cassettes, closed-captioned video tapes, special sizes or lines of clothing, and special foods to meet particular dietary needs.

    From my understanding Starbucks is not required to offer non-dairy milk. As they do not do special inventory orders for customers, they could remove the non-dairy milk options from the menu without violating the ADA.

    But because Starbucks currently offers non-dairy milk, those options are subject to the ADA, specifically:

    36.301© Charges.

    A public accommodation may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids, barrier removal, alternatives to barrier removal, and reasonable modifications in policies, practices, or procedures, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.

    In my amateur reasercher’s opinion, this case seems sound. Charging extra for milk alternatives is probably a violation of the ADA.

    • Khanzarate@lemmy.world
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      4 months ago

      It seems not a slam dunk here, to me, specifically because of the first section. Starbucks is not required to offer non-dairy milk as an accommodation, according to your first quote.

      Since Starbucks is not required to offer non-dairy milk, that last paragraph doesn’t apply at all, because they aren’t charging more for a required accommodation.