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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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154 thoughts onTaco Bell Class Action Says Drive Thru Violates ADA
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This is the worst lawsuit ever. It has so many holes even someone who has had 2 eye surgeries before knows better than to troll the system. There are multiple. Options and the reason they don’t have a walk up is for security reasons. If you get out of your car in a drive thru they are more likely to call the cops on you. They are minimum wage workers providing a service and these knuckleheads think that just because they naturally ha e issues like ever other old person they feel violated. Well hell might as well shut all fast food joints down for causing terminal illness that will show in 100 years when your officially dead too. This suit gives the ADA a bad name and purpose. If I had it my way it would be thrown out and the plaintiffs would be fined for trying to make a mockery of the Constitution and our great judicial system.
It’s not a security issue at all…Rally’s has a walk up window open to like 4am.when i was homeless it was the only option to eat at night
Rally’s and Checkers have dedicated walk-up windows, though, up on a sidewalk. Taco Bell’s ordering system would put pedestrians in the drive-thru lane with the cars, which is unsafe. When I worked at McDonald’s after high school, we would refuse walk-up service. Pedestrians didn’t weigh enough to trigger the drive-thru speaker system, and if they walked up to the window, we’d turn them away because it was too risky to have them standing there while cars pulled up.
Then go to Rally’s.
Add me I have seizures and have had my driving rights taken and I have tired to order at the Taco Bell drive Thur before and was told that they can’t serve anyone that’s not a motorist so I was denied service
Any fast food restaurant that has a drive thru won’t accept walk up patrons (sad), they should go ahead and make a walk-up window for people that cannot or do not drive. It’s that simple
Taco Bell isn’t the only fast food restaurant that has a drive thru open during late hours, now let’s go ahead and start a lawsuit against all of them. Smh ridiculous
Rally’s has a walk up window open until 4am.when I was homeless it was my only option to eat at night
That’s nice. Then go to Rally’s.
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yesm my eyesight has deteriorated whereas i cannot drive at night. i have tried to walk up to order window at several fast food restaurants and been told NO SERVICE
you can use any one of the business that pick up and deliver food. problem solved
Could have uber lyft deliver simple
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