So
I have just had a VERY interesting conversation and I think we should discuss
this. The conversation was with the Vice President of Operations for a major
restaurant chain. The exchange poses some debate and we should talk about it.
Well, I will talk about it and you all can just sit there and listen because I’m a bitch
like that.
I
was recently at this major chain’s restaurant with my family. The chain (like
many others) has a Gluten FRIENDLY menu so we decided to eat there because, as
you might have heard, I have Celiac Disease and cannot eat Gluten. Just to keep
any new people up to date.
On this particular day at this restaurant the floor was getting railed.
*GETTING RAILED –
DEFINITION - VERB : having far too many customers for the amount of servers and cooks
scheduled to work forcing the servers to scramble and run around frantically to
try to serve 17 tables while maintaining some form of customer service which is
basically impossible. The cooks must perform the jobs of twice that many chefs
in half the time a task again, which is basically impossible. This has happened
to every server and cook in the world at one time or another. This causes heavy drinking
after shift when you realize that you made no money because your service was so
bad and yet your socks are wet from sweat, beer and your own melted dreams. Otherwise known as: in the weeds, underwater,
drowning, bullshit scheduling and getting fucked. Will one day be a funny story but not for at
least a decade.*
Really,
the servers kept their heads up and kept smiling despite the crazy flow of
people coming in the door. I made it clear to our server that I was Celiac and
I said what I say EVERY time I eat at a restaurant. I said, “I am very severe
so please ask the chef to use clean pans, clean hands and clean plates when
making my food.” The server said they understood.
Bottom line – I ate Gluten. I was sick. I
wrote an email.
Now, the Vice President of the company
wrote me back and asked to have a phone conversation about the incident which
we did. He made it VERY clear that they are NOT a gluten FREE restaurant and
that they do not claim to be, nor do they want to be. At any point during your
meal, you could consume gluten. He was
very nice and apologetic about the poor service but he said that their Gluten
FRIENDLY menu was for the people who select gluten free as a diet choice NOT
for Celiacs.
And there is the issue.
This gauntlet once AGAIN falls to that
stupid moron who has read some diet book or seen some stupid infomercial and
decided that cutting Gluten out of their diet will make them:
Skinnier
Funnier
More
toned
Smarter
Slimmer
The
next bachelor
Brighter
Prettier
Cooler
More
energetic
More
dateable
Have
more to talk about at parties
More
fertile
Edgier
Artsier
Dentally
desirable,
More
like me.
YOU ARE WRONG….
I will say this again: GLUTEN FREE FOOD
DOES NOT MEAN FAT FREE OR SUGAR FREE OR EVEN HEALTHY. IT MEANS ONLY GLUTEN
FREE.
I am also aware that restaurants don’t make
the claim Gluten FREE for liable reasons. They use terms like Gluten SENSITIVE
or Gluten AWARE or in this case Gluten FRIENDLY which imply of course that it’s
not guaranteed Gluten FREE. I find this interesting because I have no idea how
I would EVER prove to a court of law that I was glutened by a restaurant. What
am I going to do, get a good old colonoscopy and have the doc take pictures
with a polaroid?
Begin
completely factious courtroom scene….
“Your
honor, please find plaintiff’s exhibit A: A microscopic picture of the victims Villi. As
you can see, it is trampled down and looks like the grass in the field
after Coachella. Please note, your honor that I have no way to prove WHAT
caused this damage.”
Like
really?
ANYWAY, they use the term Gluten FRIENDLY
to make it clear, the VP said that they are NOT a Gluten Free Restaurant and
that Celiacs should not expect to get a gluten free meal there.
My argument was, then don’t have a Gluten
WHATEVER menu. Don’t. Because to be honest, the ONLY people that it ACTUALLY
matters to is Celiacs and it DOES give the impression that you know what you
are doing - that you have the training in place to handle a special meal like a
Gluten Free one. If you can’t do it the whole way, don’t do it at all. I also
argued that anyone who cuts Gluten from their diet for any amount of time will
start to feel ill when they ingest trace amounts: so even someone without
Celiac Disease will get sick from eating somewhere if the kitchen does not use
a clean pan or cutting board.
So…
What does a Gluten FRIENDLY menu imply?
In my opinion, a Gluten menu doesn’t need special
items on it. Chicken IS Gluten Free, Vegetables, fruits and nuts ARE Gluten Free.
It is how these items are prepared that subject them to Gluten. I assume that a
Gluten FRIENDLY menu means that every item on there comes to the restaurant
without gluten on them and will be prepared in a clean environment. In my opinion, a special Gluten Menu implies
that someone there knows what Celiacs is, maybe that’s my mistake.
But
I literally eat out at least twice a week at both chain and upper end exclusive
restaurants. Some of my favorite chains for Celiacs are Moxies (awesome allergy
awareness), Earls, Montanas, Joey Tomatoes, Chop and even Original Joes does a pretty good job. I have NEVER been sick at any of these restaurants so
someone there is making an effort.
Now, the restaurant I went to doesn’t get any complaints about their Gluten friendly options either, in fact, my complaint was the first of its kind. This means that they are doing something right. Which leads of course to the question, what happened in my case?
In my opinion, the floor was too busy, the
cooks too busy and the restaurant too packed to ensure the safety of my food. I
think that a cook that was totally overwhelmed used a pan that had JUST had a
breaded item in it or he didn’t have time to wipe down the cutting board
covered in bread crumbs. I think he knew better, I just don’t think he had
time. OR he didn’t even know; maybe the server didn’t even have time to ring in
the modifiers. That’s what I think happened. I think someone fucked up. I think
accidents happen.
But
that is just my opinion.
I was however, certainly impressed that I received a call from the company to apologize for the poor service and discuss the matter. A lesser restaurant wouldn’t have given a shit.
My answer is NONE.
What does everyone else think?
What do you think when you see a special
gluten menu at a restaurant? What does that mean to you?
Comment here or tweet me! @afreakingceliac
First, thanks for the list of restaurants that take things seriously. That's very valuable information for me. Now on to your questions.
ReplyDeleteIt's been a few years since I practiced Law in Calgary so the following can't be considered legal advice but my recollection of the law on this can be summarized as "no means no".
The long story is they were informed of how to not poison you and they accepted the duty not to poison you when they agreed to serve you. They breached that duty of care and as such you have a right to be restored, as best as possible, to how you were before they screwed up.
Its completely trite and irrelevant for them to point out they didn't HAVE to accept responsibility not to poison you. They DID accept the responsibility when they served you and if there was a time for them to refuse to accept responsibility it was before you took your first bite.
As far as the menu goes, they made an impression that it was safe for you to eat there by saying gluten "Friendly" or "Sensitive" but if they meant that its not safe for Celiac sufferers to eat there they should have done what Dominoes does by adding "not safe for celiacs" on their "gluten-free" menu. They invited you to think that it was safe to eat there by their advertised gluten awareness and did nothing to warn you otherwise.
You raise the issue of proof. Your testimony is pretty damning proof of itself and in cases like "he says" vs. "she says" the balance of probabilities would likely fall to you without need of any scope. Just saying what you posted that it was busy and you think they screwed up is called prima facie evidence which is enough to put the burden on the restaurant to prove they didn't poison you (good luck with that one).
If I were a practicing lawyer in Calgary I would like to send them a nice note saying compensation would be accepted in the amount of at least a few days lost wages plus a nominal amount for pain and suffering. But as I'm not I will ask you to "out" the restaurant so I don't get poisoned like you did.
Intresting points Clyde. I never would consider suing a restaurant or asking for compensation for poisoning me. I really just think it's a risk that I have to take eating out as a Celiac. Now the restaurant (which I agreed not to name on the blog and will uphold my word) did have a warning on the menu that stated it wasn't a Gluten Free restaurant - I find most places do this but with some care, I am not sick after eating there.
DeleteI like your point about just agreeing to serve me is the promise of my safety but again, I think mistakes happen and I have no hard feelings.
Does anyone know if a restaurant HAS been sued for glutening a Celiac? Were they successful?
Laurie,
ReplyDeleteI appreciate that mistakes happen and you have no hard feelings.
I've done a search and I can not find a reported case in Canada about suing a restaurant over gluten poisoning. I did find over 400 cases about food poisoning and I think you might find this recent case from Saskatchewan (nut allergy) interesting. (In the end the plaintiff basically got about $1000 and his legal bills paid, which is worth writing a letter but probably isn't worth suing over.)
http://canlii.ca/t/fm3kd
Hope you are feeling well soon.
That's interesting Clyde. Thanks for looking into it. I wonder if we will see a court case in the future as more people are diagnosed? We shall have to wait and see.
DeleteThat is totally depressing! I often assume that a Chef has made himself familiar with Celiac's - guess I was wrong!
ReplyDelete