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Serving Region 9 - Arizona, California, Hawaii, Nevada & the Pacific Basin

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Pacific ADA Center (Region 9)

The purpose of the Pacific ADA Center is to build a partnership between the disability and business communities and to promote full and unrestricted participation in society for persons with disabilities through education and technical assistance.

Ninth Circuit Says Restaurant Does Not Discriminate Against the Blind By Providing Only Drive-Through Service

December 2, 2021

The Ninth Circuit Court in Szwanek v. Jack in the Box held that the fast food restaurant’s practice of only providing service at the drive-through does not violate the Americans with Disabilities Act (ADA), even if the practice prevents blind people from being able to independently order food.

The court found that the refusal to serve food to pedestrians at drive-through windows does not impact blind people differently than the large population of non-disabled people who don't have access to motor vehicles. If these non-disabled individuals wish to purchase food at Jack in the Box restaurants when the dining rooms are closed, they have the same burden as blind people—they must arrive at the drive-through window in a vehicle driven by someone else.

For more information, see the article, "Ninth Circuit Says Restaurant Does Not Discriminate Against the Blind By Providing Only Drive-Through Service".

 

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