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A divided federal appeals court on Friday ruled that a jury should decide whether the Americans with Disabilities Act was violated when a boy was barred from bringing his gluten-free meal into a Colonial Williamsburg restaurant two years ago.

The boy, called J.D. in the lawsuit, has celiac disease and is on a strict gluten-free diet. He was unable to eat with his classmates on a May 11, 2017, field trip to Colonial Williamsburg when Shields Tavern offered to fix him a gluten-free meal but would not allow him to eat his homemade meal there. The tavern is owned and operated by the Colonial Williamsburg Foundation.

J.D., 11 at the time, had eaten at restaurants before that served gluten-free meals but were not, in fact, gluten free. So he did not trust the offer by Shields Tavern, where he had never eaten, and as a result, he ate his homemade meal apart from his friends, teachers and chaperones. As of July 2017, the boy lived in Anne Arundel County, Md., and had just completed fifth grade.

Afterward, his father sued the foundation, arguing it violated the ADA, the Rehabilitation Act and the Virginians with Disabilities Act. U.S. District Judge Rebecca Beach Smith dismissed the suit prior to trial, holding that J.D. did not show that he was discriminated against because of his disability.