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Hearing-impaired woman sues McDonald's

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By CLARENCE MABIN / Lincoln Journal Star

Tuesday, Jul 15, 2008 - 06:23:09 pm CDT

A hearing-impaired Lincoln woman is alleging a McDonald’s restaurant violated federal law by refusing to let her place orders directly at the drive-through window.

Karen Tumeh, 44, said in a lawsuit this week that employees at the McDonald’s near 27th Street and Pine Lake Road refused to let her place orders at the window on three separate occasions between September 2007 and June.

Tumeh said in the suit that employees took her order at the window instead of the speaker during a May 2 visit, but only after she refused to leave without her food.

Story Photo
(LJS file)

Nebraska Advocacy Services attorney Shirley Mora James filed the lawsuit Monday in U.S. District Court under the Americans with Disabilities Act and other federal law that generally prohibits discrimination based on disability.

James said in an interview that Tumeh’s hearing aid begins to screech when she tries to order food from drive-through order boxes. Tumeh also reads lips to communicate, James said.

According to the lawsuit, employees at the window told Tumeh to either drive back around to the order box, or come inside and order from the counter.

“Why shouldn’t she have the same privileges as anyone else?” James asked.

Tumeh is seeking a court order directing the restaurant to comply with ADA requirements for reasonable accommodations.

A spokeswoman for McDonald’s USA in Oak Brook, Ill., declined to comment on the lawsuit, but said the company complies with the ADA.

“McDonald’s USA takes pride in making our restaurants accessible to all customers, including those with disabilities,” Danya Proud said in a prepared statement Tuesday.

“McDonald’s USA complies with all applicable laws, including the Americans with Disabilities Act.”

A nationally regarded author on the landmark ADA said he was unaware of cases filed under it similar to the Tumeh lawsuit.

Peter Blanck, a law professor at Syracuse University, had not seen the lawsuit but said the dispute seemed like one that could be resolved outside of court.

“It seems like both sides are digging in their heels,” Blanck said Monday.

According to the lawsuit, an employee refused to serve Tumeh at the window Sept. 1, reportedly telling Tumeh workers were too busy and she should drive around or come inside.

On Jan. 18, the suit says, the same employee told Tumeh, “‘You have to go around, I have orders behind you. ... Don’t you get it?’”

Tumeh returned to the restaurant’s drive-through window May 2, this time refusing to leave without her order.

“After much argument and humiliation, Plaintiff finally did receive her food order,” James wrote in the lawsuit.

James said in an interview Tuesday that the Pine Lake restaurant is the only fast-food outlet that has refused her service. James said other McDonald’s outlets and other local fast-food chains have allowed Tumeh to order at the window.

Reach Clarence Mabin at 473-7234 or cmabin@journalstar.com.


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Ick wrote on July 15, 2008 2:21 pm:
" Yet another reason to steer clear of McDonald's. The food is terrible for you and obviously, they have no respect for "handicapped" customers. I hope this woman wins! "

 WTG from a CODA wrote on July 15, 2008 2:25 pm:
" Karen.. I don't know who you are but WAYY TOOO GOOOOO... It's about time a member of the D/deaf and hard of hearing community stands up and makes a change! I understand the need for equality among the D/deaf and hard of hearing community in a "hearing world" but I am seriously tired of hearing all the complaints and no one willing to stand up and force a change. Hopefully you have set the precedence for more people!! Again WAY TO GO! "

 ADAPT wrote on July 15, 2008 2:26 pm:
" yes, why should they adapt at all?!
GIVE me a BREAK!! "

 Tim wrote on July 15, 2008 2:27 pm:
" I'm sorry, they tried to make more than one accomodation and it is their fault? Another pathetic attempt at our lawsuit happy society where everyone wants to be a victim. I can't hear the speaker most of the time either does that mean I can sue too? PATHETIC!!! "

 jo wrote on July 15, 2008 2:28 pm:
" the bionic women couldn't hear at a Mcdonalds drive through. join the club. stop eating there. pretty simple solution. "

 Eric wrote on July 15, 2008 2:28 pm:
" Sue Sue Sue!!! I hope she wins and gets a Big Mac coupon. "

 hearingloss wrote on July 15, 2008 2:28 pm:
" I too have a considerable hearing loss so I understand how this lady feels but don't know if I agree with a lawsuit. Why didn't she just go inside to order? I usually have to do this and ask the person that is waiting on me to please look at me when I order because I have a hearing impairment. Most(not all) are accommidating. Those that aren't are usually snot nosed kids that can't or won't speak clearly in the first place. "

 as wrote on July 15, 2008 2:32 pm:
" Just another stupid reason to file a lawsuit. McDonald's food is definitely awful for you but they have signs posted on their drive thru windows that they do not take walk up orders. It's not that big of a hassle to go inside (& it's usually quicker). Give me a break.... "

 Jessie wrote on July 15, 2008 2:40 pm:
" While I see her point... what other drive thrus have accomodations for hearing impaired people? And also, was it really necessary that she go through the drive-thru? What's so difficult about coming inside?

Sounds like just another case of money hungry people quick to sue whoever has the deepest pockets. "

 McFrustrated wrote on July 15, 2008 2:40 pm:
" give me a break! can she read the electronic board? she can read the board and speak what she wants as an order..Everytime we turn around a lawsuit pops up.. thats what is wrong in this country.. Sue Happy! "

 KKs Gram wrote on July 15, 2008 2:40 pm:
" I hope that MS Tumeh wins her suit! We are no longer young and my husband cannot hear what the "squawk box" is saying the few times we have tried to use the drive thru. It is just one more dignity that we have lost with age. Too bad that it takes a lawsuit to change the way a customer service industry operates. "

 come on wrote on July 15, 2008 2:43 pm:
" Just go inside to order or go somewhere else. This is a sue happy country. "

 John Galt wrote on July 15, 2008 2:43 pm:
" Another frivolous lawsuit filed by another crybaby. It is unfortunate that people develop disabilities but it is not right to make others bear the burden. Take some personal responsibility, go inside and order, and stop complaining. Everyone has problems, deal with it. "

 pepe wrote on July 15, 2008 2:46 pm:
" Are you kidding me? There are signs posted saying no one can order at the window. If you want some McD's that bad, park the car, walk in and burn a few calories in a pre-emptive move. Gesh people, quit being so lazy. Obviously a lack of respect for handicapped people since no one is allowed to order at the window. "

 Justice wrote on July 15, 2008 2:46 pm:
" I can't believe I'm siding with McDonald's on this. The Americans with Disabilities Act has gone too far if it will require all fast food places to adopt some kind of hearing impaired drive through service. What will that entail? The requirement that all fast food companies provide sign language interpreters at all times? A point and click system on the menu? I'm not hearing impaired, but I think a reasonable deaf person would even consider trying to order through speaker unreasonable. Heck, I usually can't understand what's said through those things anyways! "

 K. wrote on July 15, 2008 2:51 pm:
" I'm not opposing the woman's lawsuit...but how could she hear that she had to either come inside or order at the electronic box? She could hear that but couldn't hear "what can I get for you?" because your order pops up on the screen, and she isn't blind. I guess i'm at a loss here...I think this woman is seeing dollar signs, how else can you order at any fast food place besides inside or the drive up? I'd like to hear any suggestions this woman has to solving the problem instead of just hearing about a lawsuit. "

 this is stupid wrote on July 15, 2008 2:52 pm:
" frivilous lawsuits like this are a good part of the reason costs of all goods and services are going up. Guess who'll pay for Karen's crusade against the Golden Arches... you and I will. "

 Mark wrote on July 15, 2008 2:56 pm:
" What a worthless lawsuit. This is about money, pure and simple. The signs clearly say no ordering at the window. Why does this lady think she is special? Any business has the right to refuse service, and McDonalds did that. I could see if she got hurt, but all that got hurt were her feelings. Whoopie de doo. Get over it lady. Follow the rules like everyone else has to, you are not special. I hope I am on the jury for this one..verdict goes to McDonalds. Maybe she should have her hearing aid checked out instead of checking out lawyers for a worthless suit like this one. What a waste of the courts time. "

 Old guy wrote on July 15, 2008 3:00 pm:
" McDonalds should make it easier for the hearing inpaired However,the best solution would be to out law all drive throughs. A tremendous waste of gas and it would give a lot of people a little exercise they need. Also, dis bar the attorney who suggested this get rich plan. "

 me wrote on July 15, 2008 3:01 pm:
" These "sue-happy" people are what's wrong with America today. Something doesn't go your way... SUE 'EM! Wrong. This is plain and simple WRONG. "

 Come on wrote on July 15, 2008 3:02 pm:
" If you can't hear at McDonald's go where you can hear. This is just like supply and demand. If you can't hear them, don't give them your money. Go to that special place that can hear you and give them your money. This is a rip! "

 Me wrote on July 15, 2008 3:02 pm:
" Seems to me that some people milk their disabilities. How much trouble would it be to go inside? Who can understand the loudspeakers anyway? Just another person looking to pave their life with law suit riches. Does that make me an unsympathetic lout? If so, just sue me. "

 WTG wrote on July 15, 2008 3:06 pm:
" I slipped and feel at McD's in June 2006. They wouldn't pay my ER bill or anything. I decide that I just would never do business with McD or any of Mcd owned businesses and still haven't to this day.
Karen, I wish you the best of luck. "

 Caution hot coffee is hot. wrote on July 15, 2008 3:07 pm:
" As a former employee of McDonald's, I remember that there was a notice posted outside on the drive-up menu that picture menus would be available for the hearing imapared. On multiple occasions customers would proceed directly to the drive up window and request the picture menus, place the order, pay and happily drive away. This also provided good assistance for language barriers. Perhaps times have changed in the years since I left. McD's will probably settle out of court to avoid the publicity and make the woman go away quietly - regardless if she's right or wrong. Remember the hot coffee lady? "

 So what do you do wrote on July 15, 2008 3:07 pm:
" Do you now require all drive through places (including banks, fast food etc) to have somebody who can interpret sign language stationed there? Do allow push buttons for ordering? "

 Mike wrote on July 15, 2008 3:08 pm:
" Come on! I understand it is tough, but it's called a disability for a reason. Just go inside. You can't do everything, you have to make life adjustments. Take responsibilty for yourself, don't blame McDonalds. "

 Huh wrote on July 15, 2008 3:10 pm:
" Justice, please read the article again. It said the lady wanted to order at the drive thru window, not the speaker. Usually the person taking the money at the first window is also the one who takes the order from the speaker. Couldn't they have done that. I'm with the lady on this one. She just wants equal consideration. "

 KC wrote on July 15, 2008 3:10 pm:
" I can't tell by the article whether or not the woman was driving or not. But I have to agree with as. If she walked up to the window to order food, why should she get to file a lawsuit? I can't do it. I either have to go inside or not get my food. I have a sister that is going blind from Glaucoma. Should they have to make their signs bigger for her to be able to read them too? No..my sister just has to learn to do things a different way to accomidate her illness. I am sorry, but I think this is just another "get rich quick" scheme. I am sorry she is hard of hearing, but sometimes you have to deal with life the way it comes at you. "

 Lol wrote on July 15, 2008 3:11 pm:
" "...she is also seeking uspecified damages and attorney's fees." What possible damages did this woman suffer? COME ON NOW!!! Totally ridiculous. "

 driving wrote on July 15, 2008 3:11 pm:
" Interesting that she can drive with a hearing impediment (how does she hear sirens, horns or other devices to get her attention?) and yet she feels the need to sue McDonald's. I too can't always hear the squawk box. I ask them to repeat and if I still can't hear them I say so and indicate that I will talk to them when I pull up at the window. Pretty simple really. "

 Joseph P. Sokolovsky wrote on July 15, 2008 3:11 pm:
" It amazes me how just a few people expect a whole lot of people to make exceptions for them. Hard far can general rules be bent for a few....the
next suit against McDonalds will probably be like....a guy on a motorcyle
is going to sue because the noise from his loud motor & pipes prevented him from hearing at the order mike....so he demanded he be allowed to drive his motor cycle through the 'inside' of the McDonal's to order!!!
If nothing else "all you complainers," please, try to remember the employees at most McDonalds barely earn minimu wage, and are just trying to make a living like the rest of us.... "

 damages wrote on July 15, 2008 3:15 pm:
" I understand making accomodations for the disabled but what damages are involved with her not getting her cheeseburger? That seems to be more about the money than the hearing impaired. "

 dave wrote on July 15, 2008 3:21 pm:
" if you don't like the service GO SOMEWHERE ELSE!!!!that is what is so great about capitolism.

I wish the USA was like England, where there is always a LOSER in lawsuits meaning someone always pays. It would wipe out 98% of lawsuits in this country. "

 wow wrote on July 15, 2008 3:24 pm:
" I would recommend she sue the hearing aid company for selling her a bad product too since their product is preventing her from using the drive-thru. There is also the company that manufactures the drive-thru equipment-they should be brought in. What about the people that install that equipment? Maybe they didn't install it properly and she could get money out of their pockets too. Wow! This attorney has some digging to do!!! :) "

 Darren wrote on July 15, 2008 3:30 pm:
" They don't have to serve this woman at all if they don't want to. She can most certainly order inside. They don't take orders at the window from anyone. Not that they just don't take orders at the window from the hearing impaired. I hope she eats a large lawyer fee on this one and ends up with nothing. "

 jason wrote on July 15, 2008 3:34 pm:
" if she is allowed to drive up to the window to order, then everybody (equality) should be allowed to. It states right on many windows at drive ups, no orders at the window, that is equal to all. There are more than one way to order from this company, and if one does not work, then you still have others options, they are not discriminating. "

 Misunderstood wrote on July 15, 2008 3:41 pm:
" The way this article is worded makes it confusing as to what the suit is actually about. Apparently, she is suing because she asked to place the order with a person face-to-face at the window rather than ordering through the speaker. Reason being that the speaker makes her hearing aid screech- it could very well be that she couldn't HEAR anything but screeching through that speaker, and therefore simply COULDN'T order. Aside from those who've said they use hearing aids, do any of you know how those things work? It can be very difficult for a hearing impaired person to make out ANYTHING when there's interference, such as background noise or speaker squawking. All she wanted to do was order at the window rather than through the speaker. I think that's a perfectly reasonable request. If she's in a hurry, like any of the rest of us can be, and wants to use the drive thru rather than dealing with the hassle of going inside to order, then why shouldn't she be able to? I agree this is a sue-happy culture we live in, but I do think this case has its merits and I hope she's able to bring about some awareness because of it. "

 Grundle wrote on July 15, 2008 3:43 pm:
" Place your order inside! You probably won't wait any longer, and you won't burn as much gas as you do while you're sitting there idling. In addition, if they've displayed such poor customer service, why do you keep going back? It's not like their food is soooo great that you just HAVE to have it. "

 Tiky wrote on July 15, 2008 3:43 pm:
" I have no trouble as I have been done with ordering at the drive-in. I support the lady for suing McDonald's. Go for it! "

 Funny wrote on July 15, 2008 3:46 pm:
" What is the difference of ordering at the window or ordering at the counter? Drive in is usually a longer wait anyway. To sue for damages-love when a lawyer gets involved. What damages did she incur? Lawyer will get paid either way. Stop tying up the legal system. Did the "victim" write a letter to McDonalds first? Did she look for an organization that tries to help the hearing impaired with situations like this? Just easier to find a lawyer and sue than to walk into a McDonalds and order a meal I guess. "

 clarification wrote on July 15, 2008 3:48 pm:
" I didn't figure this out until the second time I read the article - the lady didn't try to order through the speaker - she bypassed the order board and pulled up to the window and tried to order there. You wouldn't think that kind of accommodation would be unreasonable.

A lawsuit is a bit ridiculous, though...at least there was no urine & spit in the food. "

 JB wrote on July 15, 2008 3:48 pm:
" The only way I will applaud this woman is if she vows to donate 100% of any award she wins (after attorney fees) to charity. And when I say "100%" I mean that she gives every single penny to a hearing impared organization that can use the money to spread the word of her plite.

Otherwise it's obviously a simple way for a non-property owning person to try and get rich without earning it. "

 NRK wrote on July 15, 2008 3:49 pm:
" What in the hell are you hoping to accomplish by doing this? Life isn't fair. Play with the hand that you are dealt and get over it. Go inside and order. Or, if you haven't already thought of this, why not try to talk to the general manager of this particular store? You'd be surprised how accommodating people can be when you're reasonable with them. If you were refused service, perhaps it was by an employee just doing his/her job who had no authority to change or improvise the store policy. Either way, suing someone for this is ridiculous and I hope you lose. "

 WOW wrote on July 15, 2008 3:51 pm:
" hearing impaired ordering through the drive thru????? shouldnt that be on americas funniest home videos anyway instead of judge judy????? Give me a break... mcdonalds should sue her for wasting their time. "

 ridiculous wrote on July 15, 2008 3:57 pm:
" There is no "right" to the drive through window. Blind people can't order from the drive through either without assistance.

Having a lobby and counter to order from inside the restaurant would qualify as reasonable accomodations. Her lawyer would know this and has probably only accepted the case in hopes of a hasty settlement because such a case would be bad PR, though not illegal.

That's not to say that McDonalds policy isn't stupid. It is definitly stupid. Its just not illegal. "

 Rediculous wrote on July 15, 2008 3:58 pm:
" She's 44 and I'm sure she has a job. Then why are my taxes paying for her attorney? So now I have to pay for her attorney and my quarter-pounder with cheese is going to cost me more because she can't walk inside and order like many of us? Simply rediculous "

 lou wrote on July 15, 2008 3:59 pm:
" ok, so you can't hear through the speaker at the drive thru. you don't need to be hearing impaired to have a hard time hearing what they are saying. I think mcdonalds is disgusting so i don't go there anyways, personally I think the lady could start with a better diet to improve her life. maybe it's a good thing she can't order that food at the window. maybe she'll live a longer life because of it. people just need to stop whining. there's WAY bigger problems to contend with in this world than a stubborn mcdonalds. GROW UP. we have a global food price crisis going on here. and we can't stop worrying about our fast food joints which just sell mal-nutritional food anyways. "

 I think wrote on July 15, 2008 4:01 pm:
" the problem is not hearing the box at the order menu, but that they won't let her wait until she gets to the window to order face to face. Heck not that long ago, some McDonalds did away with the order box, and were advertising "face to face" ordering as a more personal way to do business. And getting out of your car to go inside is not always feasable. There are lots of reasons people go through a drive through, and should not have to get out to go into order. I'm not sure a law suit is the way to go though. I would think a simple sit down talk with the corporation, would bring about a suitable solution for all. "

 Query wrote on July 15, 2008 4:05 pm:
" If a customer has a speech problem that makes it difficult for an employee in any type of service to understand them, be it food establishments, convenience store, hardware store, whatever, are they then allowed to sue because they then are costing the company money in extra labor and lost productivity? Give me a break. "

 JoBeth wrote on July 15, 2008 4:07 pm:
" Just hold on here. If you were in the care behind her and had to wait 5 min. to get your order you would be hacked. I work a drive thru window, and you would not believe the noise cars, deisel trucks, CELL PHONES, stereos etc. make. She would be mad if they got her order wrong too. Sometimes the only choice you have is to have the customer pull up to the window, or have someone go out and take the order so you don't hold up the line. This is just a bunch of baloney. "

 a wrote on July 15, 2008 4:10 pm:
" "The lawsuit seeks a court order directing the McDonald’s to comply with ADA provisions regarding reasonable accommodations for disabled people" They do - go inside this is very reasonable. All the lip reading she wants to do can be done inside. most of the time you can not understand what is being said anyway through the little boxes, and I've noticed that going inside is faster, and the chances your order is correct is higher. What a waste of courts time. I wear glasses, and the glare from the drive-through menu is hard to read sometimes, maybe I should sue. "

 Cole wrote on July 15, 2008 4:11 pm:
" McDonald's is driven by process. In order to make the "60 seconds from pay to on-your-way" guarantee, the person at the first window is under the gun. They have a process for taking your order and filling it in the shortest time possible. That's what they're known for. I don't see how they can make a "reasonable" accommodation when time is of the essence for every other customer.
I'm no fan of McDonald's, but a reasonable accommodation for everyone, unless she's morbidly obese, would be for Tumeh to walk into the damn building. "

 Just Ridiculous wrote on July 15, 2008 4:13 pm:
" Give me a break. Go inside and order. Exercise is good when you order those Big Macs! "

 Amazing wrote on July 15, 2008 4:18 pm:
" While I agree that it is horrible "for you" food, and that service definately isn't the forte of any McDonalds, I am with Justice and while I hate to side with McD's it amazes me MORE that this lawsuit is even a lawsuit. McD's it seems to me, pretty much got set up on this one. It is unbelievable how "sue-happy" people are. While I couldn't begin to understand how life would be without my hearing or any of the senses for that matter, I just think that it just isn't right. Just one person's opinion though! It's just wrong. "

 Mike wrote on July 15, 2008 4:23 pm:
" What a joke!!! This is almost as bad as the person who spilled hot coffee on themselves and the sued McDonalds. "

 Jim Jones wrote on July 15, 2008 4:24 pm:
" I can't believe McDonald's doesn't have someone standing next to the order menu signing for those who can't hear.

Sheesh, come on McDonald's, quit being so insensitive! "

 ummmmmmmmm.... wrote on July 15, 2008 4:25 pm:
" what ever happened to if you are unsatisfied with a service, you just take your business else where - why does everyone who doesn't get a fair shake think they are owed a large sum of money??

I agree this is unfair ... but a lawsuit? Come on karen - earn your money the hard way ..... "

 cannotbelieveyoupeople wrote on July 15, 2008 4:30 pm:
" WOW!!Does anybody have compassion anymore for the disabled? I prefer to keep my dignity in tact when possible. I am sure that she has her reasons for the lawsuit! Maybe before you leave a comment you should use some EMPATHY!!! "

 C.L. wrote on July 15, 2008 4:33 pm:
" Karen...YOU GO GIRL!! And wise choice to have Nebraska Advocacy and Ms. James to represent you. . "

 I wrote on July 15, 2008 4:35 pm:
" "as" Where does it say that she walked through the drive thru? How I wish people would read before leaping. "

 JW wrote on July 15, 2008 4:35 pm:
" Hmm, her hearing aid screeches when she uses the drive-through order boxes. Hey Karen, here's a free tip, why don't you go inside and order? Do you understand how much it might cost to install an order system to accommodate the .001 % of the population who might benefit from such a system? The law says REASONABLE accommodations for a reason. "

 I wrote on July 15, 2008 4:50 pm:
" "So to all you who ask "why didn't she go in?" The point is that she shouldn't have to. If you, who may have all your faculties (though questionable) and senses don't have to, why should she? That's the whole point of the Americans Disability Act, to provide reasonable accomodations. So, for example, a quadraplegic who was hearing impaired but drove with adaptive hardware comes through the drive through. Their hear aid sets off feedback. You gonna ask them to come inside and order? Wouldn't be just as easy to send that healthy young person out to take their order? Or better yet, couldn't the employee at the window simply asked her to pull around and she would take her order there? That is a reasonable accomodation and would be all that was necessary to be within the boundary of the law. "

 Safety wrote on July 15, 2008 4:57 pm:
" People the reason you can’t order from the window is for the employees’ safety. If you were an unreasonable person who wanted revenge at McDonalds and decided to shoot up the drive through person why wouldn’t you say that you were hearing impaired! The worst part about this whole thing is that the people/person she is suing can’t be over the age of 16! How would you feel after winning millions off of a teenager? "

 duh wrote on July 15, 2008 5:09 pm:
" noone can hear at the drive though GO INSIDE instead of trying to be a victim i have bad knees but i dont sue everyone with a staircase i adapt, very easy concept get over the pity party and walk inside "

 Ive been wronged wrote on July 15, 2008 5:34 pm:
" Really, are you seriously serious about this? I hope you lose. If McDonalds does not want to accomodate to your needs (which is probably a policy they have to not take orders at the window) and lose your drive-through patronage, then you should go elsewhere. By the way, if you really want McDonalds and you can't order from the drive-through, you could probably get out of your car and go inside...which is a reasonable accomodation in my book.

I really, really hope you lose.

Capitalism is awesome for such an occasion. You can decide where to spend your cash, because you are not required to go tothe McDonalds drive-through.

You are allowed the same goods as I am allowed in this situation. They are not kicking you out of the store because you are hearing impaired (deaf).

As Americans, we feel like we are entitled to everything. McDonalds...really...I cannot believe that we are actually spending government time on this ridiculous matter. We've got plenty of other real issues. Maybe we could call a congressional hearing as well...get abc, cbs, and nbc involved and we'll all think we are going to get pistol-whipped at the McDonald's drive-through.

Stop wasting our time and money on this. "

 Steve wrote on July 15, 2008 5:37 pm:
" I'm not a McDonald's fan, but this law suit is rediculous. Why not adapt a little herself, walk inside, save gas and get a little exercise? "

 Ted wrote on July 15, 2008 5:53 pm:
" hmm, sue the biggest, richest, and by far the most accomodating restaraunt to people with all sorts of disabilities. I've seen completley deaf people order in the Mcdonalds drive through with no problem whatsoover. While ordering at the window might seem easy enough to accomodate it really does gum up the works, slow things down and ends up messing up everyone elses order. "

 Gregg wrote on July 15, 2008 5:54 pm:
" Doesn't Nebraska have a law against frivolous lawsuits? Perhaps McDonald's doesn't want to mess up her order trying to understand her over the speaker box.
McDonald's also refuses to serve people who walk thru or ride a bike thru their drive thru. So are all the convicted DUI people going to file a class action lawsuit again Micky D's because they don't want to have to go inside either?
Give me a break! "

 Mary wrote on July 15, 2008 6:26 pm:
" Obviously most of you miss the point. The LAW is the LAW. ADA was instituted to prevent just the type of discrimination that this law suit illustrates. Everyone from the top down needs to understand that deaf citizens deserve to enjoy the SAME priveleges that you do. If you or yours were deaf you would be singing a different tune. "

 What happened wrote on July 15, 2008 6:32 pm:
" Whatever happened to the a business has the right to refuse business to anyone? Take your business somewhere else if you don't like it. "

 AF wrote on July 15, 2008 6:42 pm:
" Completely frivolous. There are absolutely no damages to be claimed and McDonald's makes a reasonable accommodation by allowing her to order her food inside the restaurant. Good luck with this one, lady. "

 CS wrote on July 15, 2008 6:58 pm:
" Im legally disabled. If she can drive how is she so unaccommodated-she can't hear well enough to order, but well enough to drive? Accommodation does not have to be the exact same thing, only that the mechanism must be in place for her to do the same thing-order. She can go inside. There are many reasons why you cannot order directly at the window, and if McDonald's is at fault in any way, it is only because they don't have a window stating the obvious. This is BS and if McDonald's rolls on this then they are only contributing to the problem. Disability does not mean instant entitlement. "

 Hamon Righ wrote on July 15, 2008 7:16 pm:
" Another easily solved situation that is blown out of proportion. Either side could have easily accomodated the other. McDonald's could take her order at the window and had her on her way. This may have caused the drive through to be tied up a couple of extra minutes, but no lawsuit.
She could have easily gotten out of her car and went inside. It may have added a couple extra minutes to her schedule, but why not?
However, I have to side with McDonald's on this one. Why inconvenience everyone else for her comfort? McDonalds is operating legally. It seems to me that she's being difficult just to be difficult. She should be glad that she's not a cop eating at Taco Bell. "

 Education needed wrote on July 15, 2008 7:46 pm:
" Ok, so just because one McDonalds wouldn't serve her needs she is going to sue? For what? What did it cost her?? Not to get a stomach ache or clogged arteries?
My daughter has Down Syndrome, so I understand that some people lack the capability of understanding disabilities. I don't get mad when people look at my daughter like she's a alien, but I take it in stride and contribute their manners by not being educated or lacking experience of how to accomodate or react to her disability. I will normally tell my daughter to look at them and say HI!
So, I guess my point is..that Karen should be asking McDonalds if she can do a training course or video to show all of their employees explaining manners when serving a person living with a disability. It's a win, win situation if you ask me. "

 Good Luck wrote on July 15, 2008 7:52 pm:
" I think she has a valid complaint. McDonalds will bend over for those who don't want to speak english. Why shouldn't they make some effort for some one who has a valid disability. "

 Older person wrote on July 15, 2008 8:23 pm:
" We all have to make adjustments in life. Sounds like she kept trying until she found one who refused her. She could have just gone in. I agree with K. she heard them tell her what she didn't want to hear. "

 travis brady wrote on July 15, 2008 8:55 pm:
" i don't know why i bother to read these comment sections anymore... every time i do it just makes me sad. sad that so many people are so mean spirited. all she wanted was to order at the window, as she communicates through reading lips... that's all. such a simple, easily remedied problem (i.e. let someone deaf order at the window).

let's all keep in mind that she is most likely deaf as, once again, she reads lips. i know MANY people who have gradually lost their hearing as the years pass... i have met zero people in that category that have developed the ability to read lips - its a skill only those born hard of hearing tend to acquire. so everyone using the "i'm old and hard of hearing" line are greatly erred in their argument. they are hard of hearing, yet still hear in stereo, making it much easier to discern and differentiate between background noises and what they are trying to hear... as apposed to someone hard of hearing with only one good ear - hearing in (mono) or, god forbid, deaf. all of the noise around them funnels into one ear (or not at all). and yes i know, she has a hearing aid... that does NOT mean she isn't completely deaf. all it proves is that so many of you are so quick to lump her into the same category of all those older people gradually losing hearing... who themselves seek the help of an aid.

i myself am 3/4 deaf and have to read lips to communicate... i have also had to "pull around" to the window to order. it's embarrassing, and often times people are rude and treat me as if i'm stupid (fyi - i'm pursuing my phd). there are places i cannot go - loud places overload my 1/4 hearing sense... and yelling people distort their mouths to the point that reading lips is out of the question. my point? simply that there are things people with good hearing take for granted daily. i accept that there are places i cannot go, and things i cannot do... a drive-thru should NOT be one of them!

all she was asking for was what others seemingly take for granted. instead, she was belittled and demeaned... just wanting someone to display some empathy... but after reading these posts, i would say our problem isn't that we are a "lawsuit happy" nation, it's that we are slowly losing any form of empathy for others - thus becoming the true "me generation"... "

 Bill wrote on July 15, 2008 8:59 pm:
" I think I do by the mere fact that the statement is that other McDonalds comply so she will drive past them to go to one that won't comply.
To me this means she is using her disability for personal gain and I just don't believe the ADA should be suckered into a situation such as this because of a very bad precedent it would create. "

 Thats right Mary wrote on July 15, 2008 9:11 pm:
" The law is the law and McD's reasonable accomodation is to go inside and order. "

 Jalengrma wrote on July 15, 2008 9:17 pm:
" I had the same thing happen at another local fast food restaurant. At the order box I sat for 5 minutes without even being acknowledged, so i thought it was broke, I went to the window and was told I had to go back around and place my order at the order box. By that time there were people behind me. I left and called the manager. He apologized and offered to send a coupon for a free dinner which I never got. they just don't care about the customers who make them their money. If it wasn't for us, they wouldn't have to worry about even taking any orders. This was NOT a McDonalds. "

 RB wrote on July 15, 2008 9:32 pm:
" O come on. Lady get out of your car. These guys make 8 bucks an hour and are timed. Each order needs to take a certain amount of time or they get in trouble. Sitting at the window time is supposed to be 1 min or less. How can they do that if you push your own agenda. Sorry about your hearing aid, but the world doesn't revolve around you. There are other shops you can drive thru. They don't have to serve you. They are a private company. "

 look out wrote on July 15, 2008 9:42 pm:
" If she's THAT deaf then I worry about her driving on our roads, let alone through the drive thru. What if she doesn't hear the sirens, the horns, the trains, etc? If she can hear well enough to safely operate a car, then she should be able to use a drive thru. If you don't like McDonald's service, go somewhere else and quit wasting tax payer money with this lawsuit. "

 lawstudent wrote on July 15, 2008 10:18 pm:
" While I agree it is a sad story that people with disbilities are often treated differently IN THIS CASE she isn't. She is given the option of ordering from the speaker box or going inside like everyone. Other people can not order from the window when this isn't an option. So she isn't being discriminated against. If their reasonable accomadation isn't reasonable enough for her she should take her business somewhere else. AND STOP EATING UNHEALTHY FOOD!!! "

 Hmmm... wrote on July 15, 2008 10:35 pm:
" While I do sympathize with Karen, we need to remember that this is McDonalds...there is a certain expectation about McDonalds, order may not be right, fries may be cold, food may not be all that good for you, service may not be the best or friendly...it is not a classy place and I guess that you could say..."you get what you pay for". I have actually driven away from places because either I didn't understand what was being said, they messed up my order while I was placing it over and over, and even because I was treated like I wasn't even there. I can not remember the last time that I went through a drive through of McDonalds or any other fast food place...even in a hurry I would rather walk in and look at someone face to face to make that eye contact, to verify that my order is right and to not have a situation where I say no ketchup but end up with a bag full. "

 hl wrote on July 15, 2008 10:48 pm:
" ya, lets plug up the courts with stupid lawsuits. did you try talking to a manager before dragging this into the court system? while i have sympathy for those with disabilities, i can not excuse those that can not try to talk first to reach agreement. go to the manager and tell them whats up, maybe you will get a free big mac and pack on a pound or too for free. "

 John wrote on July 15, 2008 10:52 pm:
" Travis Brady's remarks were a bit long winded and round about on the point of empathy. In this case yes, I have empathy....not for her but for the McDonalds employees that she is trying to use for her own gains.

If the ADA can't see through this scam they are no better than the American Civil Liberties Union. "

 Jolene wrote on July 15, 2008 11:04 pm:
" What a sue happy world we are today!!!! Are you kidding me! I am not a person the cares the color of a person, what the person looks like. It is what is on the inside of the person that counts. So if she goes through once and they have issues taking her order why, why, why would she do that again seriously shame on them the first time but shame on her for trying to do it not only a second time but a third!! Come on. What a sad disrespectful world that we live in. I have a deaf customer seeing her twice a month....totally deaf and a mute to boot never ever have I had an issue communicating with her. I give her a pad and a pen when needed and always always thank her in SIGN language (something she taught me) This is so pety it makes me ill. Just as sueing over a hot cup of coffee....really...shoot when did they start serving that stuff hot!!! There are tens of millions of people whom are worse off then this pety lawuit. She is in the wrong just as much as McDonalds if not 3 times as Bad!!!!!!!!!! "

 JB wrote on July 15, 2008 11:07 pm:
" Give her a Big Mac and tell her to go to Burger King the next time. "

 Well wrote on July 15, 2008 11:15 pm:
" Would you think differently if this was a soldier who had hearing loss from an explosive device blowing up near him? With all our service men and women coming back from wars with injuries, all businesses should be put on notice that they NEED to accomodate the general public including disabled people. Those of you who don't have disabilities, don't have the insight to comment. "

 What is Wrong with you People wrote on July 15, 2008 11:39 pm:
" 1st off, McDummies has had in the past 2 windows in the drive up, One take your order/money, the other pick-up your stuff, I know I used to work in fast food chains, They made those 2 windows for diabled human, "Remember THIS people" She is human, and now food chains don't use those 2nd windows, I think they put them in just for show, use a few times and stop, This way it looks good!!!! But they really are not there to serve disabled people anymore, just for show, just in case they were to get a inspection, then You can bet that 2nd window would be up and running, AS to say, See we have service for disabled people, Once inspection was over, 2nd window closed for next year or two, until next inspection.

COME on People, Don't disabled people deserve the same service you and I get at lunch or dinner time, Do you want to get out of your car, walk your tired legs into the McDonalds and stand there for 20 / 30 minutes waiting and waiting???? NO you want to drive up get it and GO! because your feet hurt and your tired from work!
Well So should she be able to do that too.

I hope she Wins! "

 Nick wrote on July 15, 2008 11:48 pm:
" So other McDonald's and other fast-food outlets comply but she finally found one that doesn't and files a lawsuit. Does she ever get out of her car? Oh, yeah. At her attorney's office. "

 from california wrote on July 16, 2008 12:34 am:
" obviously i support her case and it is rediculous that she was treated that way. i am a little surprised and confused as to why she kept going back though? i love mcdonalds but im not going to put up with harassment each time i go in. "

 On McDonalds side... wrote on July 16, 2008 1:58 am:
" I consider myself to be a very fair person and don't believe in discrimination...HOWEVER...this woman should not win one penny! All of you who are agreeing with her...just wait till she is in front of you at the window keeping you behind and getting the orders mixed up.
Why can't she go inside and order? I realize her having to go inside is not as equall as though of us who can order at the drive thru but why should I have to wait behind her while she screws up the order line?
NO ONE ELSE is allowed to order at the window or add coupons or make changes so why should she? I think she is being rude and selfish for going through the drive thru when she knows she cannot physically go through it!
I do think however that establishments should have boxes that can accomodate her. I do not for one minute think that she should be allowed to cause delays at the window though just because she can. "

 cmm wrote on July 16, 2008 3:34 am:
" i can see all points of this, but they do post the "we do not accept walk up orders" for the safety of the employees. i do not see why it is hard for her to go inside, or maybe even mcdumpster can post a notice on their skwak box?..... "

 wrote on July 16, 2008 5:30 am:
" How do they change it? Do they install a video monitor? I understand the frustration but she probably was waited on by some high schooler who really meant no harm anyway. Besides the claim is after much arguing and humiliation. Sounds like both parties fault but definately not lawsuit worthy. Next.... "

 Jim wrote on July 16, 2008 6:49 am:
" You're suing the wrong company, woman. You need to be suing the maker of your hearing aid, not McD's. You do in fact have the same priveledge that everyone else has...order at the drive thru speaker, or order inside...just like everyone else. cry some more. "

 me wrote on July 16, 2008 6:53 am:
" I was at Runza and there was a big truck parked near the ordering "box". The truck was left on and the person taking the orders from the drive up customers could not hear the orders. She was telling everybody to drive to the pay window and please place their order there. SHE could not hear. Maybe Karen would have better luck at runza. "

 Galen wrote on July 16, 2008 6:57 am:
" Seems to me, she continued going back to the same place AFTER she recieved - what she deemed was - poor service. If it was so bad, why return?
Stupid lawsuit. "

 The verdict wrote on July 16, 2008 7:03 am:
" There you have it. In the court of public opinion, disabled woman-5, McDonalds-38, undecided-4. "

 Dave wrote on July 16, 2008 7:14 am:
" I'm visually impaired, so when I go to the movies, I cannot see what is happening. I guess I'll have to sue as well. Being visually impaired, I understand my limitations and accept that. Unfortunately, some folks with disabilities feel that they should be able to do everything like someone who doesn't have a disability. If I am in a wheelchair, should I have a right to enter a 100m dash against people with mobility? ADA is great as far as access, braille and hearing amplifiers on pay phone and the like. The ADA is not designed to inconvenience able-bodied folks; just to make it accessable for those who have special needs. I can handle it; why not her? Her legs are not disabled..why didn't she go in? "

 Bill wrote on July 16, 2008 7:28 am:
" Sounds to me like this person just wants to collect some free money. Typical of many people in our society. "

 Uh wrote on July 16, 2008 7:31 am:
" Why do you need to hear, especially at McD's? They have a screen in front of you as well as a speaker box, so everything you are ordering shows up on the screen with the price for each item and then a total at the bottom. If you can speak and see, then you can order just like everyone else can. "