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Blind Louisiana Man Sues McDonald's for Refusing Him Drive-Thru Service
NBC News ^ | June 1, 2016

Posted on 06/01/2016 7:39:25 AM PDT by Wolfie

Blind Louisiana Man Sues McDonald's for Refusing Him Drive-Thru Service

McDonald's has until mid-June to respond to a federal lawsuit accusing it of discrimination for refusing to serve blind customers who walk up during late-night hours when only the drive-thru window is open.

The plaintiff, Scott Magee of Metairie, Louisiana, said in court documents filed in U.S. District Court in Chicago that he was laughed at and turned away from the drive-thru window at a McDonald's in the New Orleans suburb late at night last August. It wasn't the first time that had happened, Magee alleged.

Many McDonald's restaurants nationwide continue service through their drive-thru windows late at night after the main restaurant entrance has closed.

But the company's policy is not to serve pedestrians at the drive-thru, and blind customers can't drive, so they're effectively barred from patronizing the world's largest fast food chain by revenue, according to the suit, which seeks class-action status for all blind Americans who may have had difficulty ordering at McDonald's.

"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," according to the suit.

The suit says it wouldn't take much for the company to make its drive-thru windows work for blind people, "given the sophistication and size of McDonald's Corporation as well as the advanced technological society in which we live today."

After all, the chain recently managed to start providing all-day breakfast, "to the awe of McDonald's aficionados everywhere," it says.

The suit seeks a jury trial on its demands for "modest accommodations" to make its services available to the blind at all times, a formal declaration that McDonald's violated the Americans With Disabilities Act and unspecified court costs and attorneys' fees.

Senior U.S. District Judge Joan B. Gottschall gave McDonald's until June 17 to respond.

The company's corporate office in Oak Brook, Illinois, said that as a matter of policy, "we do not comment on pending litigation.


TOPICS: Culture/Society
KEYWORDS: fastfood; louisiana; mcdonalds; metairie; scottmagee
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1 posted on 06/01/2016 7:39:25 AM PDT by Wolfie
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To: Wolfie

They wont serve you on a uni-cycle either.

Bastards !


2 posted on 06/01/2016 7:41:25 AM PDT by Delta 21 (Patiently waiting for the jack booted kick at my door.)
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To: Wolfie

They should have said that this is a pharmacy drive-thru. The McDonalds is down the road to the right...


3 posted on 06/01/2016 7:41:41 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: Wolfie

I thought there was a legal reason for fast food restaurants to not serve pedestrians? Wasn’t there a lawsuit akin to the lady spilling hot coffee in her lap?


4 posted on 06/01/2016 7:42:25 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: Delta 21

Or a pogo stick. they just kept looking at me up and down.


5 posted on 06/01/2016 7:43:32 AM PDT by BipolarBob (I'm so open minded that you should only think like me.)
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To: Wolfie

I’ve heard that this is due to insurance reasons. The drive thru lane is for cars only, and their insurance policies don’t allow walk up service. That’s what I’ve heard, that they are afraid of pedestrians getting hit by cars, and insurance is the reason for such policies.


6 posted on 06/01/2016 7:43:35 AM PDT by Dilbert San Diego
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To: Wolfie

The policy of not serving pedestrians at the drive-through window is safety-related, so it’ll be interesting to see which takes precedence. If McD can show that it’s not feasible to put controls in place so that pedestrians can be safe in what is ostensibly a driveway, and that it’s not really feasible to retrofit buildings with a walk-up window, they should prevail.


7 posted on 06/01/2016 7:43:44 AM PDT by Little Pig
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To: Wolfie

So then, what are we saying? Is it discriminatory against everyone not in a car, blind or not, if the drive thru is open but the rest of the facility is closed????

Legally, we may see them close drive thrus at late hours then, if they legally can’t discriminate against those who don’t arrive in cars.


8 posted on 06/01/2016 7:44:59 AM PDT by Dilbert San Diego
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To: rarestia; Wolfie
I think that's it. It's a reasonable safety consideration: they don't want non-car-drivers plowed down by cars at the drive-through window.

And you know as soon as it happens, McDonalds will get sued again.

9 posted on 06/01/2016 7:45:07 AM PDT by Mrs. Don-o (What does the LORD require of you but to act justly, love tenderly, and walk humbly with your God.)
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To: Wolfie
All McDonald's have to say is that it's a safety issue. It's written in bold font outside all drive-thru restaurant windows: We do not do walk-up orders.

Why can't the blind man find someone to order for them? Everything is a federal case now.

10 posted on 06/01/2016 7:45:14 AM PDT by Extremely Extreme Extremist (MAGA! Make America Great Again)
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To: Wolfie

So how did the blind person find the drive up window? Was the menu board next to the ordering speaker in braille? Is the person only legally blind and cannot drive, or totally blind?


11 posted on 06/01/2016 7:45:55 AM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: Dilbert San Diego

Yep. Looking forward to the “Blind Man Sues McDonald’s Because He Was Run Over By Car at Driv-Thru” lawsuit.


12 posted on 06/01/2016 7:46:34 AM PDT by Wolfie
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To: Wolfie

Clearly the person needs to sue the state of Louisiana for not issuing drivers’ licenses to blind people.


13 posted on 06/01/2016 7:46:47 AM PDT by Zeppo ("Happy Pony is on - and I'm NOT missing Happy Pony")
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To: Extremely Extreme Extremist
Why can't the blind man find someone to order for them?

Because if they did that, there would be no reason to sue. DUH!

14 posted on 06/01/2016 7:47:12 AM PDT by GeorgiaDawg32 (www.greenhornshooting.com - Professional handgun training.)
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To: Wolfie

It’s a safety issue. What if a car comes around the corner and hits someone who walked up to the window? They’d get sued either way. Secondly, what’s a bling guy doing walking around by themselves with no escort? And if he had an escort why didn’t they And thirdly, how’d this blind guy find the drive-up window? He wants some sort of blind assisted menu? If it’s voice activated is someone going to wait while the menu is voicing the selections? There’s a lot of stuff on them. This guy is just looking for money from deep pockets and Mickey D’s will just hand it over - cheaper than defending a law suit.


15 posted on 06/01/2016 7:47:15 AM PDT by SkyDancer ("They Say That Nobody's Perfect But Yet Here I Am")
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To: Wolfie
Interesting legal dilemma.

If I was a lawyer for McDonald's, I would name the state government of Louisiana as a third-party defendant in the case ... for refusing to let the blind guy drive a car.

16 posted on 06/01/2016 7:47:23 AM PDT by Alberta's Child ("Sometimes I feel like I've been tied to the whipping post.")
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To: Wolfie

“The suit says it wouldn’t take much for the company to make its drive-thru windows work for blind people, “given the sophistication and size of McDonald’s Corporation as well as the advanced technological society in which we live today.”

After all, the chain recently managed to start providing all-day breakfast, “to the awe of McDonald’s aficionados everywhere,” it says.”

What’s the proposed settlement, change policy and a free Big Mac?

AAA =Affirmative Action Attorney wrote that complaint. That language would be tossed out of a courtroom where I come from. NOLA, who knows. Pardee!


17 posted on 06/01/2016 7:47:33 AM PDT by Attention Surplus Disorder (I apologize for not apologizing.)
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To: Wolfie

Yep, that lawsuit will happen.

So, it’s as if McD and others are damned if they do, damned if they don’t. Ban pedestrians from the drive thru window, and they are discriminatory. Allow pedestrians but someone gets hit by a car, and get sued.


18 posted on 06/01/2016 7:48:01 AM PDT by Dilbert San Diego
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To: Wolfie

Now how in hell does a blind person know: 1. What restaraunt he is at? 2. What’s on the menu? And....are you read for this..........where the hell the drive through window is at!

Oh, I think I know: He smells what kind of food is served at each restaraunt by the smell coming out of the drive through window. Kinda like flies landing on your hamburger...they just come.


19 posted on 06/01/2016 7:48:34 AM PDT by DH (Once the tainted finger of government touches anything the rot begins)
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To: Zeppo
Clearly the person needs to sue the state of Louisiana for not issuing drivers’ licenses to blind people.

How could anyone be so unkind
To arrest a man for drivin' while blind

20 posted on 06/01/2016 7:49:06 AM PDT by dfwgator
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