McDonald’s Class Action Says Drive-Thru Hours Violate Disability Law

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McDonald’s was hit with a class action lawsuit alleging their drive-thru policies discriminate against visually-impaired Americans.

Lead plaintiff, Karen Morey, alleges in her class action lawsuit that the hours when McDonald’s is limited to drive-thru only service makes it impossible for those with visual impairments to access the restaurant without assistance.

Morey says that the late nights and early mornings where McDonald’s only provides drive-thru service are usually dark and because the fast food chain does not allow customers to walk through the drive-thru, those who cannot drive in the dark are limited.

“Despite being accessible to the general public, McDonald’s drive-thrus lack any meaningful accommodation for visually-impaired individuals who are unable to operate motor vehicles,” alleges the McDonald’s class action lawsuit. “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 Defendants products during late night hours.”

Morey says that she has macular degeneration and is not permitted to drive at night, but still would like to order food from McDonald’s during drive-thru only hours. She alleges that she and other visually-impaired individuals must rely on others or taxi services to take them through the McDonald’s drive-thru during these hours.

The McDonald’s class action points out that McDonalds has been aggressively marketing themselves as a modern burger chain with something for everyone. She says that although the chain has recently implemented their breakfast menu all day, those with visual impairments cannot enjoy these items on their own during drive-thru only hours.

“Despite the fact that defendants’ self-­proclaimed vision is ‘to become a modern, progressive burger company delivering a contemporary customer experience,’ the blind are totally unable to access any of defendants’ products or services at late-­night, drive­-thru restaurants,” alleges the McDonald’s class action.

The class action lawsuit alleges that McDonalds failed to account for the needs of the visually impaired in its drive to modernize.

“Curiously absent, however, from McDonald’s continued adaptation, is any concern whatsoever for the accessibility of their late­-night drive-­thrus to the disabled,” points out the plaintiff in her complaint.

According to the McDonald’s class action lawsuit, the Americans with Disabilities Act requires companies to make services available to those with disabilities unless to do so would be an undue burden. The plaintiff contends that furnishing services to those with visual impairments would not constitute an undue burden, especially in light of the other sweeping changes the fast food giant has made in recent years.

The plaintiff seeks to represent a nationwide Class of visually impaired individuals, along with a California subclass. The plaintiff alleges that McDonalds’ drive-thru policies violate the ADA as well as California state laws.

The plaintiff is seeking damages as well as a court order requiring McDonald’s to rectify its drive-thru policies to ensure those with visual impairments are accommodated.

Morey is represented by Roberto Luis Costales and William H. Beaumont of Beaumont Costales LLC, and Glenn M. Goffin.

The McDonald’s Drive-Thru ADA Class Action Lawsuit is Morey v. McDonald’s Corp., et al., Case No. 1:18­-cv-­01137, in the U.S. District Court for the Northern District of Illinois.