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Iowa appeals court overturns child allergy ruling

January 9, 2013
THE ASSOCIATED PRESS

DES MOINES - An Iowa appeals court says a child's tree nut allergy is a disability, a ruling that sets up a legal challenge over whether a daycare discriminated when it refused to accept her.

The ruling Wednesday says the allergy is a protected disability under the Iowa Civil Rights Act. It overturns an earlier decision by a Polk County district court.

Shannon Knudson sued the Tiger Tots Community Care Center in Madrid after officials told her staffing and liability issues prevented them from watching her daughter.

The appeals court says the child's allergy is an impairment defined under the Americans with Disabilities Act. The court now seeks further proceedings on whether the allergy would substantially limit a major life activity when active.

Attorneys for both parties did not immediately return messages Wednesday.

 
 

 

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