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.

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.