A U.S. judge has tentatively dismissed a class action lawsuit between P.F. Chang’s and Anna Marie Phillips. Phillips attempted to sue P.F. Chang’s for charging higher prices for gluten-free menu items, claiming that P.F. Chang’s was violating the Americans with Disabilities Act (ADA).

The Motion to Dismiss states that ADA does not apply to Phillips in this case because a surcharge on gluten-free food does not inhibit her access to P.F. Chang’s, stating that “her condition constitutes only a minimal limitationon the major life activity of eating” since she is able to consume the gluten-free foods that are available on their menu. P.F. Chang’s also claims that they are not discriminating against her because they charge all consumers of gluten-free items on the menu the same charge and that the fee does not only apply to those with celiac disease. The restaurant chain also says they charge the extra $1 for gluten-free items because they cost more to prepare.

In addition, P.F. Chang’s made the point that the ADA does not control prices or inventory, but rather ensures equal access to all individuals.

While the Department of Justice has ruled that celiac disease does constitute a disability under the Americans with Disabilities Act specifically in the case of students seeking equal access to college services, the pursuit for accommodations under ADA can be highly individualized.

If you want to learn more about the case, you can read more about it here.

The original Motion to Dismiss can be found here.