Blind man can sue McDonald’s over drive-through-only ordering

CHICAGO — To the many who succumb to late-night cravings, McDonald’s drive-through can be a beacon of fast-food hope. But without a car, the dreams of indulging in that burger desire are dashed.

A blind man from Louisiana wants the fast-food giant to come up with another solution for those who physically can’t drive through a drive-through.

Scott Magee, who is blind, filed a lawsuit in May alleging that only offering service to customers in cars at drive-through windows when the interior of the store is closed is a violation of the Americans with Disabilities Act. A federal judge in Chicago ruled Wednesday that Magee can go forward with the lawsuit, which seeks class-action status.

“Most Americans have the experience of driving through a drive-through and ordering for themselves,” said Roberto Luis Costales, the New Orleansbased lawyer representing Magee in the case. “That’s an experience Mr. Magee doesn’t have.”

Many McDonald’s locations operate only as drivethroughs late at night as a security measure. The suit says that cuts off service to disabled customers, like Magee, who don’t drive.

The suit isn’t asking McDonald’s to allow people to start walking through drive-throughs. That’s unsafe, Costales said. It asks the fast-food chain to find some other way to serve customers without cars when only the drivethrough is open.

McDonald’s representatives did not respond to requests for comment.

A possible solution, Costales said, would be letting people order ahead and have an employee bring the food out to them. McDonald’s could do that with its app, he said.

In the complaint, filed in U.S. District Court in Chicago, Magee called out a McDonald’s near his home in Metairie, La., as well as two locations he visited in California.

The court ruled that Magee had standing under the Americans with Disabilities Act to sue regarding the Louisiana restaurant since he is likely to visit again. It also ruled that he could seek damages related to the two other locations under a California law.