This article explores the ADA and the interpretive case law, as it pertains to schools and day care centers, in hopes of better understanding the purpose of the statute as well as to predict its future. Part II of this article provides a brie explanation of peanut allergies. Part III contains an overview of Title II and Title III of the ADA and their interpretive regulations. Part IV analyzes whether an individual asserting a Title II claim under the ADA, where the relief sought is also available under the Individual with Disabilities Education Act before asserting his or her ADA claim. Part IV also analyzes, through relevant case law, the application of the Title II and Title III of the ADA to individuals suffering from peanut allergy. Part V analyzes when accommodation will be necessary and the cost of such accommodation under the ADA and proposes a case-by-case analysis of peanut allergy cases in order to protect the rights and needs of the severley allergic and to balance those needs against the rights of non-allergic individuals.
Note, Mr. Peanut Goes to Court: Accomodating an Individuals Peanut Allergy in Schools and Day Care Centers under the Americans wtih Disabilities Act, 14 J.L. & Health 87 (1999-2000)