Wendy's Dodges Visual Impairment Bias Suit Over Drive-Thrus

Law360 (December 12, 2019, 10:26 PM EST) -- Wendy's escaped a proposed class action on Thursday in Illinois federal court, in which the fast-food chain had been accused of discriminating against people with visual impairments by serving only customers in automobiles at the drive-thru window during late-night hours.

U.S. District Judge Marvin E. Aspen said that Nicole Davis doesn't have standing to bring the suit under the Americans with Disabilities Act because the chain's policies at issue affect people with visual impairments the same way they affect those without them.

"It is not Davis's disability that precludes her from obtaining food from Wendy's, but her status as a pedestrian,"...

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