Blind Man Sues McDonald's for Not Offering Late-Night Walk-Up Service

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Scott Magee from Louisiana is blind. Like so many other Americans, sometimes he wants to eat at McDonald’s. But unlike those who are able to see, he is unable to get food from the fast food chain late at night. Many branches of fast food restaurants, McDonald’s included, only keep their drive-thru windows open after hours, as opposed to the entire restaurant (for staffing and security reasons). But patrons who do not have wheels are not permitted to go through. Magee says this discriminates against handicapped people who cannot drive.


Magee’s attorney says that “…in its current form, the policy ‘violates the spirit of the accommodation’ elaborated in current ADA regulations that ensure equal access and opportunity to the disabled in public and commercial spaces—including restaurants.” From

The court complaint cites a specific instance in August 2015 when Magee went through a McDonald’s drive-thru on foot and attempted to order a meal after the lobby had closed. According to court documents, the plaintiff claims he was refused service and the restaurant employees laughed at him.

Under federal law, Magee is not entitled to compensation but he asking for the company to change its policy or make a few small changes. Costales says there are several ways McDonald’s could easily accommodate the disabled.


Magee believes that changing the policy will benefit everyone involved. A walk-up counter would generate more business for the franchise, and would allow those who are disabled to patronize the restaurant. The company has until June 17 to respond to the complaint.



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