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	<title>
	Comments on: Lawsuit: drive-through-only hours at McDonald&#8217;s violate ADA	</title>
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	<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Mon, 06 Jun 2016 23:20:00 +0000</lastBuildDate>
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		<title>
		By: RPD		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-337109</link>

		<dc:creator><![CDATA[RPD]]></dc:creator>
		<pubDate>Mon, 06 Jun 2016 23:20:00 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59483#comment-337109</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-337056&quot;&gt;AlisdairM&lt;/a&gt;.

I&#039;ve been refused service at a drive through while on my motorcycle. Tough for me. Guess I should have gotten a lawyer and brought another frivolous lawsuit.

Hey blind guy - if you&#039;re craving Taco Bell that badly, Uber.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-337056">AlisdairM</a>.</p>
<p>I&#8217;ve been refused service at a drive through while on my motorcycle. Tough for me. Guess I should have gotten a lawyer and brought another frivolous lawsuit.</p>
<p>Hey blind guy &#8211; if you&#8217;re craving Taco Bell that badly, Uber.</p>
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		<title>
		By: AlisdairM		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-337056</link>

		<dc:creator><![CDATA[AlisdairM]]></dc:creator>
		<pubDate>Sun, 05 Jun 2016 15:35:22 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59483#comment-337056</guid>

					<description><![CDATA[When did they stop serving pedestrians at drive-throughs?  I remember doing exactly that, around 20 years ago on my first visit to the USA.  Admittedly, I have not tried walking through a drive-through since, but it certainly used to be possible.]]></description>
			<content:encoded><![CDATA[<p>When did they stop serving pedestrians at drive-throughs?  I remember doing exactly that, around 20 years ago on my first visit to the USA.  Admittedly, I have not tried walking through a drive-through since, but it certainly used to be possible.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-337017</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Sat, 04 Jun 2016 15:40:33 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59483#comment-337017</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336978&quot;&gt;Hugo S Cunningham&lt;/a&gt;.

Hugo,

I know that you are pushing your idea from a certain point of view.  However, that being said, I see your solution as not being economically feasible and in fact, economically prohibitive.  

You talk about a 4 foot leeward sidewalk as if it can be created out of thin air.  Where exactly do you want the square footage for this to come from?  As the sidewalk is going to have to run down the side of the building, you are going to either have to take space from the building and leave the drive through lanes intact or move the drive through lanes over 4 feet the length of the building which gets into traffic for the non drive through cars as well as the parking areas.  (And we haven&#039;t even talked about the costs of extending the building to support the window out which is going to have to be a lot of money as well.)  Either way the reconstruction of the areas is going to be a lot of money and for what?  $20 in sales per hour for 2 hours a night?

Once again, to me, this is a case of let the businesses decide.  If they want to take off valuable dining room and prep space for your idea, great.  Or if they want to use their business acumen to decide the best use of space to maximize income and profit, some chowderhead in some legislative body should not tell the business they have to do this.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336978">Hugo S Cunningham</a>.</p>
<p>Hugo,</p>
<p>I know that you are pushing your idea from a certain point of view.  However, that being said, I see your solution as not being economically feasible and in fact, economically prohibitive.  </p>
<p>You talk about a 4 foot leeward sidewalk as if it can be created out of thin air.  Where exactly do you want the square footage for this to come from?  As the sidewalk is going to have to run down the side of the building, you are going to either have to take space from the building and leave the drive through lanes intact or move the drive through lanes over 4 feet the length of the building which gets into traffic for the non drive through cars as well as the parking areas.  (And we haven&#8217;t even talked about the costs of extending the building to support the window out which is going to have to be a lot of money as well.)  Either way the reconstruction of the areas is going to be a lot of money and for what?  $20 in sales per hour for 2 hours a night?</p>
<p>Once again, to me, this is a case of let the businesses decide.  If they want to take off valuable dining room and prep space for your idea, great.  Or if they want to use their business acumen to decide the best use of space to maximize income and profit, some chowderhead in some legislative body should not tell the business they have to do this.</p>
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		<title>
		By: Hugo S Cunningham		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336978</link>

		<dc:creator><![CDATA[Hugo S Cunningham]]></dc:creator>
		<pubDate>Fri, 03 Jun 2016 18:39:09 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59483#comment-336978</guid>

					<description><![CDATA[@gc--  
My impression is that the main risk of pedestrian customers (the one zeroed in on by insurance companies) is that they will sue the restaurant if hit by a driver. My leeward sidewalk and window proposal would eliminate that problem, at least if backed up by some legislative support.

There are political tradeoffs involved, whether pedestrian customers are worth recruiting as allies.]]></description>
			<content:encoded><![CDATA[<p>@gc&#8211;<br />
My impression is that the main risk of pedestrian customers (the one zeroed in on by insurance companies) is that they will sue the restaurant if hit by a driver. My leeward sidewalk and window proposal would eliminate that problem, at least if backed up by some legislative support.</p>
<p>There are political tradeoffs involved, whether pedestrian customers are worth recruiting as allies.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336974</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Fri, 03 Jun 2016 17:09:29 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59483#comment-336974</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336946&quot;&gt;Hugo S Cunningham&lt;/a&gt;.

Hugo,

This is a discussion based on the idea of ADA compliance, not the economics of the design or services offered by the restaurant.

If a restaurant wants to offer walk up service, that is great.  They shouldn&#039;t be forced to do so as with walkups, the risk to the restaurant and to employees increases.  

The choice should be that of the business owner, and not mandated or forced upon the restaurant by the government.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336946">Hugo S Cunningham</a>.</p>
<p>Hugo,</p>
<p>This is a discussion based on the idea of ADA compliance, not the economics of the design or services offered by the restaurant.</p>
<p>If a restaurant wants to offer walk up service, that is great.  They shouldn&#8217;t be forced to do so as with walkups, the risk to the restaurant and to employees increases.  </p>
<p>The choice should be that of the business owner, and not mandated or forced upon the restaurant by the government.</p>
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		<title>
		By: Hugo S Cunningham		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336946</link>

		<dc:creator><![CDATA[Hugo S Cunningham]]></dc:creator>
		<pubDate>Fri, 03 Jun 2016 04:02:48 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59483#comment-336946</guid>

					<description><![CDATA[If the Democrats push through the super minimum wage next year, a lot more eateries will seek to shut their indoor counters and dining areas.  ( The most recent one I saw was in Seattle.)

A safe solution for pedestrian customers might involve sticking the automobile service window out four feet.  Its lee would shelter a sidewalk approach for pedestrians to their own pickup window at a 90 degree angle to the automobile one.]]></description>
			<content:encoded><![CDATA[<p>If the Democrats push through the super minimum wage next year, a lot more eateries will seek to shut their indoor counters and dining areas.  ( The most recent one I saw was in Seattle.)</p>
<p>A safe solution for pedestrian customers might involve sticking the automobile service window out four feet.  Its lee would shelter a sidewalk approach for pedestrians to their own pickup window at a 90 degree angle to the automobile one.</p>
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		<title>
		By: Absurdity under the Law&#8230;.this is what happens when &#8220;equality&#8221; trumps Freedom — GraniteGrok		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336942</link>

		<dc:creator><![CDATA[Absurdity under the Law&#8230;.this is what happens when &#8220;equality&#8221; trumps Freedom — GraniteGrok]]></dc:creator>
		<pubDate>Fri, 03 Jun 2016 03:00:10 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59483#comment-336942</guid>

					<description><![CDATA[[&#8230;] (H/T: Overlawyered) [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] (H/T: Overlawyered) [&#8230;]</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336919</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Thu, 02 Jun 2016 16:32:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59483#comment-336919</guid>

					<description><![CDATA[&lt;i&gt;Magee&#039;s brother Emmett, who is also represented by Costales, last year sued Coca-Cola in Louisiana in a similar case about soda machines. Though that case was thrown out, it is now being appealed.&lt;/i&gt;

source:  http://www.chicagotribune.com/business/ct-blind-lawsuit-mcdonalds-0528-biz-20160527-story.html]]></description>
			<content:encoded><![CDATA[<p><i>Magee&#8217;s brother Emmett, who is also represented by Costales, last year sued Coca-Cola in Louisiana in a similar case about soda machines. Though that case was thrown out, it is now being appealed.</i></p>
<p>source:  <a href="http://www.chicagotribune.com/business/ct-blind-lawsuit-mcdonalds-0528-biz-20160527-story.html" rel="nofollow ugc">http://www.chicagotribune.com/business/ct-blind-lawsuit-mcdonalds-0528-biz-20160527-story.html</a></p>
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		<title>
		By: Bumper		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336877</link>

		<dc:creator><![CDATA[Bumper]]></dc:creator>
		<pubDate>Wed, 01 Jun 2016 18:18:44 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336868&quot;&gt;Hugo S Cunningham&lt;/a&gt;.

Oh, how I love a good joke early in the morning!

1. Your car insurance already covers this sort of accident,
but,
2. Who has deeper pockets, me or McDonalds?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336868">Hugo S Cunningham</a>.</p>
<p>Oh, how I love a good joke early in the morning!</p>
<p>1. Your car insurance already covers this sort of accident,<br />
but,<br />
2. Who has deeper pockets, me or McDonalds?</p>
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		<title>
		By: Hugo S Cunningham		</title>
		<link>https://www.overlawyered.com/2016/05/lawsuit-drive-hours-mcdonalds-violate-ada/comment-page-1/#comment-336868</link>

		<dc:creator><![CDATA[Hugo S Cunningham]]></dc:creator>
		<pubDate>Wed, 01 Jun 2016 15:46:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59483#comment-336868</guid>

					<description><![CDATA[I have been irritated from time to time at not being able to pick up food from windows. 

The fairest solution might be: (1) pedestrian and bicyclist customers can only collect for injuries on a limited cost basis ( eg workmen&#039;s comp) and only if the other party (driver) is at fault.  (2)  The plaintiff must sue the driver, not the drive-in.  Only if the the driver is uninsured and insolvent could they sue the drive-in for limited economic damages.]]></description>
			<content:encoded><![CDATA[<p>I have been irritated from time to time at not being able to pick up food from windows. </p>
<p>The fairest solution might be: (1) pedestrian and bicyclist customers can only collect for injuries on a limited cost basis ( eg workmen&#8217;s comp) and only if the other party (driver) is at fault.  (2)  The plaintiff must sue the driver, not the drive-in.  Only if the the driver is uninsured and insolvent could they sue the drive-in for limited economic damages.</p>
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