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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
Lots of people cannot access a drive thru. Anyone lacking a drivers licence. Anyone that lacks a motor vehicle. I don’t think its particularly discriminatory.
I’m writing this as a disabled woman. The extremes to which some of these cases go seems to me to be an impediment to reasonal application of the ADA guidelines. I am admittedly not blind, but if the restriction did apply to me, I would accommodate to avaiable hours.
Some of the cases brought in regard to ADA have been ridiculous (such as the case of a woman in a nearby city going into restaurants in her wheelchair and suing not if she couldn’t be seated at all, but if she couldn’t be seated at every table)
Ive lived through the times when the ADA was instituted and am glad of the accommodations made, but the proliferation of class action suits seems to be a money grab with the primary benifit going to the lawyers.
Disagree the class action.
The world has many choices for food options at any hour of any day.
However the future could bring further capabilities for anyone touch screen using braille personal apps, home delivery services.
Attempts to make everything in this world perfect for everyone can be quite exhausting yet incredibly lucrative
So if they are able to go through the front doors, I am just curious as to how they got there in the first place…..
Ever heard of Lyft, Uber. Grubhub. Postmates etc? Smh
That’s what I’m saying!
Another conservative trying to get easy money…so sad
Eh more liberal b’s.
Conservatives have to work in the morning so no. It’s the lazy, jobless liberals with their free money that are trying to get rich off the system.
I agree, minors should be included in the lawsuit and also anyone with a suspended license.
Eh more liberal b’s.if they’re suspended there’s probably a reason for it.. All their own doing
Get real. What a joke. This is ecactly whats wrong with our country. People trying to get easy money, looking to be a victim, and liberals. Which in my opinion all three are the same thing.
Right!!! I say get a Lyft or Uber smh there are other options….is what Taco Bell should say
*You’re
Sucks that they have a condition, but seriously? That late, call ahead to see if they’re open. My guess is Taco Bell said sorry, closed and they got upset so they said, I’ll sue. Sounds like a money grab. Seeking damages? Wth? For what? If anything, it saved them money on food and toilet paper.
Why just Taco Bell? It’s the same for all fast-food restaurants. I have 24 macdonalds, carls jr, and del taco by my house and they all have the exact same polices and have had them as far back as I can remember. I was denied service because I was to Young to drive should all minors be included as well? What about people with suspended licenses they can’t drive should they be included? Give me break. What is the desired outcome here? Dine in must stay open if drive thru is? I doubt it. People just want some easy money. If lawmakers do mandate fast food restaurants to stay open with drive thru’s it is just going to raise the cost of fastfood. Honestly blind people seem to have to overcome so much already, living without tacobell between 10p.m. and midnight should be a piece of cake right? If I were blind I would avoid walking after dark at all costs.
I agree, who wants there love ones to be home at 20 ready for school or what long hr or no time to be a teenager, my point is if ur blond just trust a friend, to assist up with a car ride to ur favorite place to eat. Better to be safe or sorry.
Huh?