News in Brief May 31 – Uber, McDonald's and More [UPDATE]

A federal judge has granted summary judgment to McDonald’s USA in a lawsuit that accused the fast food giant of discriminating against blind people by serving food only via its drive-thru windows late at night.

U.S. District Judge John F. Kness ruled in an October 5 order that McDonald’s USA does not “operate” its franchise restaurants within the meaning of the Americans with Disabilities Act (ADA) and has no authority or control over improving accessibility to disabled individuals. The documents that govern McDonald’s relationship with its franchisees are “silent” regarding how patrons should be served during late-night hours and leave it up to the franchisees to choose whether they will be open late at night, which parts of the restaurants will be open and what policies will be implemented, according to the order.

“McDonald’s USA leaves the late-night operation decision to the franchisees and delegates to the franchisees the responsibility to comply with federal laws,” the judge wrote.

Judge Kness went on to find that even if McDonald’s USA, and not its franchisees, was the appropriate defendant, the plaintiff failed to show that he was discriminated against based on his disability. Rather, McDonald’s refusal of service at its drive-thru windows applies to all pedestrians, not just those with disabilities, the order stated.

“McDonald’s USA’s policy to deny pedestrians service in the drive-through affects all patrons of the restaurant—regardless of disability,” Judge Kness wrote. “[The plaintiff’s] disability is not what prevents him from purchasing McDonald’s food during the late-night hours; it is instead his status as a pedestrian that limits his access.”

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