CHICAGO — A federal judge has determined a legally blind man cannot sue McDonald’s for refusing to serve him as a pedestrian using drive-through lanes.
Scott Magee, of Metairie, Louisiana, suffers from macular degeneration. He sued McDonald’s USA after being denied service in his hometown, as well as in San Francisco and Oakland, California. His complaint — similar to the arguments in an 2018 federal class action — argues the restaurant violated the Americans with Disabilities Act by keeping drive-through service open after closing walk-in dining areas, meaning people who cannot drive cannot purchase food unless they use Uber Eats, a third-party delivery service.
In an opinion issued Oct. 5, U.S. District Judge John Kness granted summary judgement to McDonald’s, agreeing the corporate parent “does not ‘operate’ franchised restaurants within the meaning of the ADA.” He further said that even if McDonald’s could be sued in this fashion, Magee can’t show that a rule that applies to anyone on foot was applied to discriminate against those with a disability.
Roberto Costales
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According to Kness, the Metairie, Louisiana, McDonald’s denied service to Magee on several different occasion, but his “visits to the California restaurants were part of a lawyer-planned ‘test’ of other McDonald’s USA restaurants to strengthen Magee’s case.” Kness further said the lawyers “suggested, planned, and paid for Magee’s California trip,” during which a friend would drive to a restaurant and park while Magee attempted to walk through the drive-through lane.
Magee has been represented by attorneys Roberto Luis Costales and William H. Beaumont, of the firm of Beaumont Costales, of Chicago.
Rather than allege discrimination as the franchisor, Magee alleged the business relationship between McDonald’s USA and individual restaurants makes the corporation responsible for whether franchisees comply with the ADA. And while the parties agree on the documents that determine the outcome of the litigation, Kness said that information clearly favors McDonald’s.
“Neither the Franchise Agreement nor the Operations and Training Manual includes mandatory policies for serving restaurant patrons during the late-night hours,” Kness wrote. “And both documents are similarly silent concerning which parts of the restaurant must remain open during late-night hours. Restaurants are thus authorized to decide whether to allow pedestrians to use the drive-through lane.”
Kness said Magee’s complaint had been assigned to Judge Joan Gottschall, who found he had standing to sue the Louisiana location under the ADA and the California restaurants under that state’s law. Both parties moved for summary judgment, but after repeated rules violations she asked them to re-brief their motions. Kness ruled on McDonald’s USA’s amended and renewed motion.
“Other judges in this district have explained that the word ‘operates’ means an entity that performs effectively the ‘whole function’ of operating a business,” Kness wrote, adding that some opinions held that the “operator” label can only apply to a franchisor like McDonald’s USA if a franchise agreement specifically enumerates the franchisor’s right to direct changes related to accessibility at franchise locations.
With McDonald’s, Kness continued, the corporate entity dictates several mandatory policies and procedures through its manuals and franchise agreements, but none dictate the issue Magee presents.
“The manual includes an explicitly permissive chapter on procedures for keeping a restaurant lobby open or closed during late-night hours,” Kness wrote. “That chapter allows the franchisee to establish its own policies, and it allows the franchisee to choose the information that will be helpful to it in operating its business.”
Some restaurants keep dine-in service open late and hire security guards for safety. Some keep no late-night hours. That granted autonomy limits liability for McDonald’s USA, Kness explained, further stating that the decision to close drive-through lanes to pedestrians affects anyone who can’t drive.
McDonald's USA has been represented by attorneys Mark L. Shapiro, Phillip M. Schreiber and Jennifer J. Froehlich, of the firm of Holland & Knight, of Chicago.