CHICAGO, Illinois — If you’ve ever tried to order food at drive-thru without a car, you know you’re likely to be denied service.
That rule is being challenged by a blind man who claims the policy violates the Americans with Disabilities Act.
According to the Chicago Tribune, Scott Magee, 35, has filed a class-action lawsuit against McDonald’s claiming the fast food chain has no “concern whatsoever for the accessibility of the late-night drive-thrus to the disabled.”
The lawsuit was filed in Chicago’s federal court.
Magee’s New Orleans-based lawyer, Roberto Luis Costales, told the Chicago Tribune that the chance to grab a late-night snack is “a quintessentially American activity that should not be denied to someone because of their disability.
Oak Brook, Illinois based McDonald’s said it could not comment on pending litigation.
Many McDonald’s restaurants operate only as drive-thrus during late-night hours. They say it’s a security measure that also reduces staffing costs, the Chicago Tribune reported.
Last year, a blind man in New York filed a federal lawsuit against McDonald’s alleging the chain’s “Freestyle” soda machines, which allow customers to mix their own cocktails of soda flavors using a touch screen, violate the ADA because blind customers cannot use them without assistance, the Chicago Tribune reported.
The case is pending.