A blind man from Metairie is suing McDonald’s after he walked up to the window in the drive-thru line and was refused service.

Magee’s attorney Roberto Costales says his client cannot drive but wants to eat McDonald’s late at night when the inside is closed.

“Mr. Magee is totally precluded from doing that just like all the other millions of blind people in this country because McDonald’s has a policy where you’re not allowed to walk up to the drive-thru.”

Costales says McDonald’s drive-thru only policy violates the American’s with Disabilities Act. Costales says in this case, the blind have no recourse and no opportunity to purchase McDonald’s goods and services during late evening hours. He says this is a constant source of humiliation for Magee.

“This is not like something where he just woke up one day and tried to go to McDonald’s during their late night menu, I think he’s been haunted by this inability for a while and it just got to the point where he decided he was going to do something about it.”

Costales says Magee is not seeking any money but the lawsuit is aimed at prohibiting McDonald’s from operating any of their restaurants unless they comply with the law, under the American’s with Disabilities Act. He says this isn’t a publicity stunt, it’s something many disabled people face every day.

“It’s really easy to look at this lawsuit and laugh. If we imagine we have a disabling condition that prevents us from going and getting that hamburger after we get off late from a second shift job.”