Nathan A. Adams IV is a Partner in our Tallahassee office.
In Davis v. Wendy's International, LLC, Case No. 1:19-cv-04003, the defendant was sued in the U.S. District Court for the Northern District of Illinois in a putative class action by visually impaired persons claiming that they are unable to access its products and services during late-night hours using "drive-thru" windows in violation of Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§12181 et seq., and California Unruh Civil Rights Act. The plaintiffs argue that, because it is not safe for them to walk through the drive thru, visually impaired individuals are precluded from accessing the defendant's products during late-night hours. They seek certification of both a nationwide and a California class. This is the second such lawsuit against a restaurant franchise filed in the same court.
Food and Beverage Law Update: July 2019
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