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Court: Lawsuit alleging Maryland boy was forced to leave Colonial Williamsburg restaurant can proceed

Court: Lawsuit alleging Maryland boy was forced to leave Colonial Williamsburg restaurant can proceed
A federal appeals court ruled against a Colonial Williamsburg restaurant that turned away a student who wanted to bring in a homemade gluten-free meal on a field trip. (John McDonnell / The Washington Post)

A federal appeals court has reinstated a lawsuit alleging that a restaurant in Colonial Williamsburg forced an 11-year-old Maryland boy to leave when he brought his own gluten-free meal on a school field trip.

The lawsuit says Colonial Williamsburg violated the Americans With Disabilities Act when the boy was forced to sit outside after Shields Tavern said it had a rule against bringing in outside food.

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A judge had dismissed the lawsuit, but the 4th U.S. Circuit Court of Appeals overturned that ruling Friday and said the case should be decided by a jury.

Colonial Williamsburg has said it never asked the boy and his father to leave the restaurant. The living history museum says they chose to leave and refused to accept a gluten-free meal the restaurant offered to make.

As of July 2017, the Richmond Times-Dispatch reported, the boy lived in Anne Arundel County and had just completed fifth grade.

Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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