Wendy’s Class Action Says Drive-Thru is Discriminatory

A recent Wendy’s class action lawsuit claims that the fast food restaurant fails to provide equal access to visually impaired consumers.

Plaintiffs Nicole Davis and Jesse Zamora take issue with Wendy’s “late night” services. During late evening and early morning hours, Wendy’s allows customers to go through the drive-thru but closes their store for walk-in ordering.

The Wendy’s class action lawsuit argues that the fast food restaurant does not provide accommodations for their visually impaired customers. Because these consumers are unable to drive and it is unsafe to go through the drive-thru on foot, visually impaired customers are allegedly forced to pass on late night Wendy’s services.

“While Wendy’s sighted customers have the opportunity to independently browse, select, and pay for products at Defendant’s drive-thrus without the assistance of others, visually impaired people must hope for a companion with a car or paid taxi services to assist them in selecting and purchasing Wendy’s food,” the Wendy’s disability class action lawsuit claims.

Davis allegedly experienced the lack of accessibility in February 2019. After staying up late, Davis reportedly wanted to obtain food from Wendy’s. Davis says she walked to the restaurant near her home but realized that the lobby doors were locked. Being visually impaired, Davis cannot legally operate a motor vehicle and was therefore unable to access Wendy’s late night drive-thru services. Zamora allegedly had a similar experience with his local Wendy’s in March 2019.

Davis and Zamora claim that the lack of accessibility violates the Americans with Disabilities Act (ADA). The point of the ADA is to make sure that all individuals have equal access to goods and services regardless of any disability.

“There are a variety of modest accommodations Defendant could make that would allow blind people to access to Wendy’s late-night restaurant services,” the Wendy’s ADA class action lawsuit argues. “However Wendy’s does not employ any such policy or practice.”

The plaintiffs claim that Wendy’s can comply with the federal anti-discrimination law by “removing barriers to full integration, independent living, and equal opportunity for persons with disabilities, including those barriers created by drive-thru restaurants and other public accommodations that are inaccessible to blind and visually impaired persons.”

Davis and Zamora have asked the court to order Wendy’s to make changes to benefit their disabled customers and bring their business model into compliance with the ADA.

The Wendy’s customers seek to represent a Class of consumers who are visually disabled meaning and were denied access to Wendy’s goods and services that are only offered through a drive-thru. They also seek to represent a Class of the same consumers from California.

The Wendy’s class action lawsuit seeks injunctive relief, actual damages, compensatory damages, statutory damages, court costs, and attorneys’ fees.

Plaintiffs and the proposed Class are represented by Roberto Luis Costales and William H. Beaumont of Beaumont Costales LLC.

The Wendy’s ADA Class Action Lawsuit is Davis, et al. v. Wendy’s International LLC, Case No. 1:19-cv-04003, in the U.S. District Court for the Northern District of Illinois.

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