Jack in the Box, Inc. has discriminated against those with visual disabilities by offering drive-thru-only service inaccessible to pedestrians during late-night hours, according to a proposed class action lawsuit out of California.
The two plaintiffs, who are both visually impaired, say they attempted to patronize the defendant’s restaurants but were denied service due to Jack in the Box’s policy of serving food and drinks through only the drive-thru window during late-night hours. The case explains that Jack in the Box drive-thrus are accessible only by motor vehicle and not to pedestrians, per the defendants’ policies.
According to the lawsuit, blind and visually impaired individuals are denied equal access to Jack in the Box’s goods and services given they cannot operate a vehicle and are therefore “totally precluded” from accessing the restaurants’ products after the dining room closes.
“While Jack in the Box’s sighted customers have the opportunity to independently browse, select, and pay for products at Defendant’s drive-thrus without the assistance of others, visually-impaired people must hope for a companion with a car or paid taxi services to assist them in selecting and purchasing Jack in the Box food,” the complaint states.
The lawsuit alleges that Jack in the Box, which operates over 2,200 restaurants across the U.S., applies the same policies and practices across all of its locations.
Citing possible violations of the Americans with Disabilities Act (ADA), the case argues that there are “a variety of modest accommodations” Jack in the Box could implement that would provide blind and visually impaired people equal access to the restaurants’ late-night services.
“However, Jack in the Box does not employ any such policy or practice,” the case claims.
The suit against Jack in the Box follows similar cases filed againstTaco BellandWendy’slast fall over the restaurant chains’ alleged late-night drive-thru-only policies and inaccessibility for visually impaired consumers.
The plaintiffs seek to represent anyone who is unable to drive due to a visual disability and has been denied access to Jack in the Box restaurants in the U.S. when the eateries’ services are only available via drive-thru. The case proposes both a nationwide class and a sub-class of California residents.