Taco Bell Class Action Says Drive Thru Violates ADA

A recent Taco Bell class action lawsuit claims that the fast food restaurant’s late night drive thru violates the Americans with Disabilities Act.

Taco Bell reportedly offers “late night” drive thru hours, a trend that is becoming increasingly popular among fast foot restaurants.

During these hours, customers are able to order food through the drive thru but are unable to walk into the store and order in person.

Although late night drive thru hours help keep the food available to the public for longer, the Taco Bell class action clams that the practice violates the ADA. Visually impaired customers are allegedly unable to have equal access to Taco Bell goods and services because they can’t go through the drive thru.

“Despite being accessible to the general public, Taco Bell drive-thrus lack any meaningful accommodation for visually-impaired individuals who are unable to operate motor vehicles,” the Taco Bell class action argues.

“Since they are unable to drive, and because it is not safe for them to walk through the drive-thru, visually-impaired individuals are totally precluded from accessing Defendant’s products during late-night hours.”

The ADA was enacted by Congress to ensure that businesses do not discriminate against disabled people by denying them equal access to goods and services. This means that businesses like Taco Bell must remove all barriers to allow disabled people access to their food services.

Plaintiffs James Privette and Shaunte Jones say they experienced barriers when attempting to order from Taco Bell, which they claim violates the ADA.

Privette is visually impaired due to retina degeneration and cataracts, meaning that he cannot legally drive. Privette says he walked to his local Taco Bell at about 11 p.m., hoping to order food. However, after approaching the restaurant, Privette allegedly realized that the lobby was closed and that only the drive thru was open – meaning that he could not order food.

Jones is also visually impaired due to bilateral congenital cataracts and cannot drive a car legally. Jones similarly attempted to order food from her local Taco Bell but was disappointed by the fact that she could not access the restaurant’s services.

“Defendant thus provides accommodations, advantages, facilities, privileges, and services to customers that contain access barriers,” the Taco Bell class action argues. “These barriers deny full and equal access to [plaintiffs], who would otherwise be able to fully and equally enjoy the benefits and services of Taco Bell restaurants.”

The plaintiffs seek to represent a Class of visually impaired consumers who were denied access to Taco Bell restaurants due to the late night drive thru policies. They also seek to represent a Class of the same consumers in California.

The Taco Bell class action seeks injunctive relief, actual damages, compensatory damages, statutory damages, court costs, and attorneys’ fees.

Do you think that Taco Bell’s late night drive thru prohibits equal access? Share your opinion in the comment section below?

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

The Taco Bell Drive Thru Class Action Lawsuit is Privette, et al. v. Taco Bell Franchisor LLC, Case No. 3:19-cv-05729, in the U.S. District Court for the Northern District of California.

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