Be it hot coffee or greasy french fries, McDonald’s often finds itself as a defendant in some intriguing litigation. A new lawsuit filed in an Illinois federal court against the fast food giant might just take the crown as the most interesting. According to a report from the Chicago Tribune, a Louisiana man has sued McDonald’s because its drive-thrus are not accessible to the blind. Specifically, the man has challenged McDonald’s policy of not serving individuals who walk up to the drive-thru window without a car. During the normal operating hours, the prohibition is hardly a problem as customers without cars can simply walk inside the restaurant. However, after hours, the restaurant only serves customers through the drive-thru and, thus, people who do not have cars or otherwise cannot drive, such as blind persons, cannot order from McDonalds, the suit alleges. According to the suit, such failure to accommodate constitutes a violation of the Americans with Disabilities Act.
We here at Abnormal Use are not certain as to how this McDonald’s policy will be construed under the ADA. We do have some questions, however, as to certain statements the plaintiff’s lawyer made about the litigation. In commenting on the suit, attorney Roberto Luis Costales stated that the late-night snacks are a “quintessentially American activity that should not be denied to someone because of their disability.” Moreover, he indicated, “This is something simple that can cause a lot of hurt to disabled people, especially if, like [Plaintiff], they cannot cook for themselves.” We must admit that we, too, have been known to take a late night food run, particularly during our college days. But, we question whether it is a “quintessential American activity,” so ingrained in our nation’s DNA that it cannot be denied. Maybe if we were talking about a more critical issue like healthcare, we could take this rhetoric seriously.
Costales claims that McDonald’s could remedy the situation by installing a phone to allow customers to call in orders from outside and have the orders brought out to the customers. However, this proposal ignores the primary purpose of the late night drive-thru-only policy in the first place – security. If McDonald’s is going to be bringing orders out to customers, it might as well just open the restaurant in the first place. Or, maybe that is the end goal of the master plan and the lawsuit is just the mechanism of delivery.