STORM2K

Last night, I attempted to go to Taco Bell at 10:20pm, only to find it was closed for walk-in service. Now, the drive-thru is still open until 1-2am. I use a wheelchair and don't drive, as most of you know. Why do restaurants try to force those of us who can't drive to use the drive-thru just to get service at the still reasonable hour of 10pm?? After 11 I can understand, but 10? That's unreasonable IMO. Any thoughts? BTW I am leaving the library here and going straight to that restaurant and complaining.

Sounds like an issue the ADA should address. You might wnat to check with them and see what applies in situations such as this. I'm sure the denial of service isn't deliberate, but maybe this corporate giant needs to rethink this issue and adjust their policies.

I guess it all depends on your definition of a reasonable hour. Surely it is up to them what time they close their doors for walkins? It is not like they are refusing you a constitutional right.....they are only taking away really bad food.

we dont have a fast food restaurant in this area that keeps its doors open past 10:00 except Whataburger. A few do stay open later for drive up traffic. You cannot dictate when a business closes and opens its doors to the public, however I am not sure about the drive up situation? There is one restaurant, Checkers, that has a walk up window but that is it.

fwbbreeze

The reason why they refuse service is for safety and liabilty. If a car comes through the drive-thru and you are standing at the window or in a wheelchair and you get struck, they are liable. Another reason is for robbery. They can't bend the rules in special situations. I am a Manager for Wendys and we are strict on this policy. The reason why the dine in closes early is so they have time to clean it before the rest of the store closes.

That is what the manager told me today is that it's a security issue to open doors once the dining room shuts for the night. Still, ADA does require establishments to be accessible to all.

They are accessible...during their normal operating hours. Do you go to the Taco Bell often? If you did, you'd know their dining room hours. It is up to you to find out their hours possibly by calling them first. Let your fingers do the walking next time (do you remember that jingle?)

LOL...yeah, I go often. I am just not used to going so late. That is what I get for having a Taco Bell craving at 10pm, lol.

ADA is a 24-7-365 law. I have the opinion if an establishment is open to anyone, it should accessible until the establishment closes completely.

NEWeatherguy wrote:ADA is a 24-7-365 law. I have the opinion if an establishment is open to anyone, it should accessible until the establishment closes completely.

Yeah, I think that's what everyone is missing. They can't have "handicap hours" and "everyone else" hours.

I've noticed restaurants closing their dining rooms early, but I'd never really thought of it through the ADA perspective. I bet someone will challenge the policy soon.

I am thinking about doing just that. You can't have "handicapped hours" and "able-bodied hours". It just can't work that way.

While I find your situation regarding the lack of Taco Bell unfortunate, I do not believe this is a situation of handicapped versus able-bodied. Taco Bell is not discriminating toward those who are handicapped. They will not turn you away from the drive-through because you are handicapped. What is preventing you from indulging in cheap, quasi-Mexican food is the fact you are not driving. Should alcoholics who have lost their driver's license sue because Taco Bell won't serve them? Should those who don't have enough money for a car sue because Taco Bell won't serve them? Should those under the legal driving age sue because Taco Bell won't serve them? Should those who drive vehicles that are over their 7ft limit (or whatever) sue because Taco Bell won't serve them? There is a point a person has to adapt and overcome.

Furthermore, should shift-workers like me sue businesses because they aren't open during my hours of operation? You know how irritating it is trying to find businesses that are open at 3am?!

All I'm trying to say is--they have hours of operation. It's unfortunate that you cannot utilize their drive-through hours (or can you? what's stopping you from driving?), but this isn't a public service.

senorpepr wrote:Taco Bell is not discriminating toward those who are handicapped. They will not turn you away from the drive-through because you are handicapped. What is preventing you from indulging in cheap, quasi-Mexican food is the fact you are not driving.

Bingo. They're not discriminating against the handicapped, they're discriminating against the non-driving. That is not a protected class.

senorpepr wrote:While I find your situation regarding the lack of Taco Bell unfortunate, I do not believe this is a situation of handicapped versus able-bodied. Taco Bell is not discriminating toward those who are handicapped. They will not turn you away from the drive-through because you are handicapped. What is preventing you from indulging in cheap, quasi-Mexican food is the fact you are not driving. Should alcoholics who have lost their driver's license sue because Taco Bell won't serve them? Should those who don't have enough money for a car sue because Taco Bell won't serve them? Should those under the legal driving age sue because Taco Bell won't serve them? Should those who drive vehicles that are over their 7ft limit (or whatever) sue because Taco Bell won't serve them? There is a point a person has to adapt and overcome.

Furthermore, should shift-workers like me sue businesses because they aren't open during my hours of operation? You know how irritating it is trying to find businesses that are open at 3am?!

All I'm trying to say is--they have hours of operation. It's unfortunate that you cannot utilize their drive-through hours (or can you? what's stopping you from driving?), but this isn't a public service.

Physically, no I am not allowed to drive. I am not allowed to drive because I have had recurring hand tremors that have been getting lots worse for 2 years, and in my case they're basically like seizures, from something called Arnold Chiari Malformation. One severe attack on the road and I could be in a serious accident which could hurt or kill me. A wheelchair is safer, and public transit safer still, but NOTHING is totally foolproof in my condition.

And yes I do know how hard it is to find businesses open late. I have had to go to Wal-Mart at 11pm to get things that normally I can, and do, get at other stores. Believe me, I know it ain't easy for you, but when you can't drive because of a nervous system disorder, then you'll see how tough things REALLY get. Furthermore, it's a SERIOUS safety problem to take a wheelchair through a drive-thru. I don't know if you were a member here in early 2004, but I was hit by a driver who could not see me. I wound up suing him and winning almost $4,000. And that was on a city street, not in a drive thru.

Right, nothing is foolproof in your situation. Hopefully I did not come across as rude or anything in the like in my reply.

Nonetheless, I was around here in 2004 and do remember your accident. I know it isn't easy for you. I'm just pointing to this outside the box, saying that (in this exact situation) you're not the only person being discriminated.