Jack In The Box Customers Launch ADA Class Action

UPDATE: Oct. 1, 2020, a federal judge in California dismissed a proposed class action lawsuit against Jack In The Box that alleged violations of the Americans with Disabilities Act (ADA).

Two Jack in the Box customers have filed a class action lawsuit against the fast food chain for allegedly violating the Americans with Disabilities Act. 

The Jack in the Box ADA class action lawsuit was filed by Judy Szwanek and James Lopez II who say they are both visually impaired, and are both unable to operate a motor vehicle. 

The plaintiffs explain that, at night, only the restaurant’s drive-thru is open, but pedestrians are prohibited from using it.

The customers say that they both tried to visit a Jack in the Box restaurant separately at night, but were unable to order food because the chain’s late-night drive-thru only policy prohibited them from doing so.

Allegedly, Jack in the Box closes its walk-in restaurant at night, leaving only the drive-thru open. According to Szwanek and Lopez, the chain does not allow pedestrians to walk through the drive-thru and instead only allows customers in cars to purchase food through the drive-thru.

According to the plaintiffs, this policy is unfair to visual impaired customers. They say that sighted people have the opportunity to independently use their car to approach the drive-thru and browse the menu, but visually impaired people are not able to do so.

Allegedly, visually impaired people who cannot drive must take additional steps to access Jack in the Box food at night, by either paying for a taxi or another ride hailing service, or getting the help of a friend to order at the drive-thru.

The Jack in the Box drive-thru policy class action lawsuit asserts that this challenge posed to visually impaired customers violates the Americans with Disability Act, or the ADA.

The fast food drive-thru class action lawsuit explains that the ADA aims to eliminate discrimination against disabled individuals by requiring that businesses provide “full and equal access” to their facilities, goods, and services to disabled people. This includes providing the same access to visually impaired people as to sighted people.

The customers explain that compliance with the ADA can take a range of forms, including removing barriers to access that may exist within the design of the business.

In the opinion of Szwanek and Lopez, one such barrier exists in the drive-thru policies of Jack in the Box.

The customers explain that the issues that they experienced were common to all Jack in the Box restaurants.

They note that Jack in the Box restaurants are all run by a common Jack in the Box system, dictating the branding, systems, and products used at each location.

To support this claim, Szwanek and Lopez point to Jack in the Box documents that allegedly lay out these common policies. They explain that both corporate-run and franchisee-run Jack in the Box locations are subjected to the same policies.

Szwanek and Lopez note that, in a franchise agreement, franchisees are required to not change, add, or remove any elements of the common systems. Allegedly, franchisees have no authority in this regard.

The plaintiffs explain that, because of this, the experience that they had at Jack in the Box is consistent with the experience of many other Jack in the Box customers. For this reason, they seek to represent two Classes of consumers.

Regarding their ADA claims, Lopez and Szwanek seek to represent a Class of visually impaired consumers around the country who were unable to access Jack in the Box restaurants.

They also seek to bring claims forward under California’s Unruh Civil Rights Act, seeking to represent a Class of California customers who had similar experiences.

Before the Jack in the Box ADA compliance class action lawsuit was filed, other fast food chains faced similar claims. These businesses included McDonalds, Wendy’s, and Taco Bell.

Wendy’s was able to dodge the ADA claims against them — a judge ruled that discrimination was not in play because the chain’s policies applied to all customers equally. The McDonald’s ADA class action lawsuit is still being litigated, and the Taco Bell claims are reportedly pending.

Have you or a loved one ever experienced any barriers to access at a fast food chain? Share your experiences in the comments below.

Szwanek and Lopez are represented by Glenn M. Goffin, and by Roberto Luis Costales and William H. Beaumont of Beaumost Costales LLC.

The Jack in the Box Drive-Thru ADA Compliance Class Action Lawsuit is Judy Szwanek, et al. v. Jack in the Box Inc., Case No. 3:20-cv-02953, in the U.S. District Court for the Northern District of California, San Fransisco Division.

Read More Lawsuit & Settlement News:

Class Action Rebates | April 2020

Research Indicates Mint JUUL Pods, General Sales Up After JUUL Stopped Sale Fruit-Flavored Products

Indiana Class Action Requests Vote-by-Mail Option Amidst COVID-19

Man’s Lawsuit Claims He Developed Cancer From Zantac