Karina Basso  |  March 31, 2015

Category: Consumer News

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McDonald'sAn Americans with Disabilities Act class action lawsuit was recently filed against McDonald’s USA LLC in New York federal court, alleging the fast food restaurant’s new touch screen soda fountains discriminate against consumers with visual impairments.

Plaintiff David Dicarlo is a legally blind consumer who frequents McDonald’s restaurant establishments. He filed this ADA soda fountain class action lawsuit on March 26, claiming he was unable to use McDonalds’ newly installed Coca-Cola Freestyle soda dispensers because their touch-screen technology is not user friendly for visually impaired consumers.

“McDonald’s sighted customers can independently browse, select and dispense soda at Freestyle without the assistance of others,” the McDonald’s class action lawsuit says. “However, blind people must rely on sighted companions or strangers to assist choosing, mixing and dispensing soda into their purchased cups. By failing to make its soda fountain accessible to blind persons, Freestyle is violating basic equal access requirements under both state and federal law.”

Dicarlo claims these new soda fountain dispensers have been recently installed in McDonald’s restaurant locations nationwide, which implement interactive displays that allow consumers to pick from over 100 Coca-Cola product styles and also allows them to create custom flavor mixes. According to the McDonald’s ADA soda fountain class action lawsuit, the old soda fountains were removed when the new ones were installed, which in turn denied legally blind and visually impaired consumers an accessible way of getting a beverage without assistance from an employee or other consumers.

Additionally, Dicarlo’s class action lawsuit claims, “The lack of accessible Freestyle machines means that blind people are excluded from the rapidly expanding self-service soda selecting and mixing experience, and from independently obtaining their own fountain drink,” meaning that McDonald’s is allegedly denying blind consumers of an emerging new experience. The ADA class action lawsuit claims that common technology, such as an audio interface or tactile buttons, could be used to make the new soda machines more accessible to blind and visually impaired consumers.

The McDonald’s ADA class action lawsuit seeks an injunction and damages against McDonald’s, alleging McDonald’s is violating the civil rights of legally blind and visual impairments individuals by not providing them with the same services offered to their sighted consumers.

Dicarlo seeks to represent himself in this McDonald’s ADA soda fountain class action lawsuit, as well as a nationwide Class including, “all legally blind individuals in the United States who have been and/or are being denied access to Freestyle machines in McDonald’s Restaurants throughout the United States, during the relevant statutory period.” The plaintiff estimates that this McDonald’s class action lawsuit could potentially include 8.1 million visually impaired U.S. consumers who frequent over 14,000 McDonald’s fast food locations.

The plaintiff is represented by C.K. Lee and Anne Melissa Seelig of Lee Litigation Group PLLC.

The McDonald’s ADA Soda Fountain Class Action Lawsuit is David Dicarlo v. McDonald’s Corporation, Case No. 1:15-cv-02273, in the U.S. District Court for the Southern District of New York.

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7 thoughts onMcDonald’s Hit with ADA Soda Fountain Class Action Lawsuit

  1. Terry says:

    Whoever started this lawsuit is a really bad person with a chip on their shoulder.

    I loved those freestyle machines. I am a diabetic and there were many choices of sugar free soft drinks available to choose from.

    Many times I went to McDonalds just for Barq’s sugar free cream soda or Fanta sugar free strawberry soda.

    I was very disturbed and saddened when I went to one of my favorite McDonald’s two days ago and found the freestyle mixing machines which had over 100 choices including at least 15 or 20 sugar free varieties replaced by old style machines with only 5 or 6 choices and
    ONLY ONE SUGAR FREE SODA

    For the benefit of the few idiots who are money hungry and could not care less about the hundreds of thousands of people suffering from diabetes we now have no choice but Diet Coke which I was already tired of 25 years ago.

    This is an awful shame. Shame on you who care not about others but only their bitter selves

    1. Ellie says:

      Oh wow, do you realise how stupid you sound? You’re complaining that you now can only have one type of soda. You’re so entitled. Do you realise how lucky you are to even be able to see what you’re getting. A blind person can’t get anything at the freestyle machines. NOTHING AT ALL, and your probably fat ass is sitting at McDonalds and complaining that you can only get one soda at the old accessible machines. Do you wish for the blind population to suffer just so you can have more than one type of soda? Is it fair that you get to choose if they can have any drink at all? Even with only one option for you it’s still a thousand times more than what a blind person has at the old machines

      And guess what?! Blind people can have diabetes too! Meaning with the old analog machines, you still have the exact same choices. I hope you see how selfish and cruel you really are

  2. JulieAnna says:

    My brother who is paraplegic and wheelchair bound could not reach the buttons on the freestyle machine. Wish the makers would consider accessibility when designing these machines.

  3. Rico says:

    It is one thing to push to correct the oversight of not accomodating visually impaired patrons. It is a different matter to seek puntive damages.

  4. Paul says:

    They have braille menus for ordering. I am assuming they get there by walking, or maybe somebody else drove them there. How could someone like you go through life with such little knowledge? Frivolous comment!

    1. steve says:

      Thank you Paul!

  5. Mike says:

    How do they get to McDonalds or order? Frivilous lawsuit!

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