Smithson said she has yet to hear from Pizza Hut about the incident.
“I called a few times and they told me it could be up to three days before someone calls me back,” she said.
In addition to the lack of company policy, the mother said her son shouldn't have been kicked out of Pizza Hut because doing so was a violation of his legal rights.
Smithson claims that allergies that interfere with “major life activities,” such as eating, are covered under the Americans with Disabilities Act.
Marca Bristo, who helped craft the original Americans with Disabilities Act during the late 1980s, said that Smithson was right to be upset. She said a group of amendments to the act in 2008 broadened what are considered “major life activities.”
Eating was among those activities added to the list, Bristo said.
“I believe her situation is covered,” she said. “But that is just my opinion.”
Fuller declined to address whether the Muskogee store manager may have violated Preston's rights when the group was asked to leave.