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A visually impaired man is suing McDonald’s for their drive thrus lack of accessibility, reports NBC NEWS.
According to the affidavit, Scott Magee was refused admission to a McDonald’s after hours, which made him unable to purchase food.
On the date in question, Mr. Magee approached the McDonald’s restaurant and attempted to enter its interior for the purpose of purchasing goods and services.
However, the lobby doors were locked and Mr. Magee was unable to enter Mr. Magee then attempted to walk up to the drive-thru.
The McDonald’s personnel therein refused service to him, laughed, and told him to go away.
Various McDonald’s have driven through service only after a certain time, which would impede customers who cannot drive, according to NBC.
“While McDonald’s sighted customers can independently browse, select, and pay for products at Defendant’s drive-thrus without the assistance of others, blind people must hope for a companion with a car or paid taxi services to assist them in selecting and purchasing McDonald’s food,” the suit claims.
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Lindsey Wagner, a lawyer who covers various areas of law, including discrimination, explained, “Likely, McDonalds’ position will be either that they’re not denying (the prosecution) access because they could have access with a driver or that changing their drive through services would be an undue burden on them.”
Undue burden is mentioned in section 12182 of the Americans With Disabilities Act, and is described by the ADA’s ‘Reaching Out’ section of their website as “significant difficulty or expense.”
Wagner also said that if the outcome falls in the prosecution’s favor, it may bring some changes.
“If it does go to trial, and if the plaintiff is successful in their claim, it would likely mean that McDonald’s would need to make changes for accommodations for those who are blind,” Wagner said. “This might be a new wave of the way that businesses provide services to also make sure that the drive through access also has accommodations for individuals that are visually impaired.”
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