The US Court of Appeals for the Fourth Circuit on Friday revived a case against Colonial Williamsburg brought by an 11-year-old boy with gluten sensitivity.

The boy, identified only as JD, had traveled to Colonial Williamsburg as part of a class trip. While at Williamsburg, the class was to enjoy a historic dinner at Shields Tavern, a fully restored 18th century tavern. Upon arriving at the tavern JD and his father, a chaperone, informed the staff that they would not be eating food from the tavern due to JD’s gluten sensitivity. JD had attempted to eat out before and suffered severe issues even from purportedly gluten-free meals. They brought prepacked food for the trip. They were informed by the tavern staff that they could not bring their own food and the staff would prepare a gluten-free meal for them. They ate outside alone missing out on the tavern experience.

JD and his father sued Williamsburg for violating the Americans with Disabilities Act, the Rehabilitation Act and the Virginians with Disabilities Act. The court evaluated the case on the ADA framework that accommodation must be necessary, reasonable and not fundamentally alter the nature of goods and services. The majority ruled that there were factual disputes about whether JD has a qualifying disability, whether the accommodations were necessary and reasonable, and whether the business of Colonial Williamsburg would be fundamentally altered. The court vacated summary judgment and ordered a jury to determine these issues. The dissent argued for a potential slippery slope that could fundamentally alter Colonial Williamsburg’s business as well as factual assertions that Colonial Williamsburg had previously served gluten-free meals without incident. The case now heads back to the district court to be tried before a jury.