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Should someone in a wheelchair be allowed to use the drive thru windows at fast food places and coffee shops?
That's the question in Weymouth, MA. Donald Hayes has to use a motorized wheelchair, and he used to go to his local Dunkin' Donuts every morning to get coffee at the drive thru window, but then the establishment stopped serving him, since he wasn't in a car. They cite safety concerns, and a spokesman says that they don't have a corporate policy regarding wheelchairs, even if it is a "motorized vehicle."
Hayes is thinking about suing the coffee and donut giant (and one lawyer says he has a case since the place isn't wheelchair accessible), but says what he really wants is to be able to get his coffee every morning at the window.
Readers, what do you think?
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1-10-2007 @5:44PM sammy said... I sympathise with the man in the wheelchair--but it's lucky he hasn't got hit by a car.
I'm not a driver myself, and the only cash machine in my neighborhood is in a drive thru--very scary to be using it when a car comes.
Car drivers don't expect to see anything except another car in front of the machine--or in a drive-thru lane. Bicyclists, of course, live with this danger all the time.
So while I sympathise with the man in the motorised wheelchair, I understand where Dunkin's is coming from too. Maybe they can work something out.
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1-10-2007 @5:39PM Quine said... Well, for one, with the heavy competition in the coffee market, Dunkin' Donuts should be glad that he wants to buy their coffee and not someone else's. And two, as a public place serving food, they *should* accesible to wheelchairs and other disability accommodations.
And if the motorized wheelchair is legal to be ridden(driven) within the township's roadways, then should be legal for the drive thru.
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1-10-2007 @5:43PM Paula said... All anyone needs to do in this situation is ask themselves how they would want to be treated in this situation. I think its pretty cool that this guy attempts a 'normal' life and gets out and about utilizing the tools at his disposal. I don't think anyone could have any idea of what it might be like to be given legs but not able to use them whatever the reason may be. The fact that this guy just wants his coffee each day instead of suing them (including the wheelchair accessibility issue) is pretty cool. Dunkin Donuts should be ashamed of themselves.
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1-10-2007 @7:44PM Joebediah said... Well, as stated in the article, there isn't inside seating and is just a pure drive-thru, thus the wheelchair inaccessibility is directly referring to not serving him at the window since there aren't any other options that he is illegally being denied.
I ask, if Dunkin' Donuts made it alright to serve wheelchair-ridden people in the drive-thru nationwide, you don't think just a few people would take advantage in hopes of getting some coin out of Dunkin' Donuts in the event of an accident? And does "We have the right to refuse service to anyone" still apply? (unless it falls under the seemingly broader by the minute definition of discrimination) He is not being compliant with their service policy, so they should be allowed to turn him away.
This does suck, but while it's not the same experience, they do sell their brand of coffee that he could easily make at home.
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1-10-2007 @8:22PM calamari said... If he's endangered by using his motorized wheelchair to cross the street to the Dunkin' Donuts on the other side (the one with inside seating), then surely he's endangered by using the drive-through. Either way, he's not a car; he's smaller than a car; he's harder to see than a car; and he's likely to get smashed by some yobbo chattering on a cell phone instead of looking at the road.
The DD's decision probably came from its insurance company.
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1-10-2007 @9:41PM bdw said... My understanding is that it's a safety issue for all fast food drive throughs--I asked when McDonald's refused me service when I drove up on my bicycle. Liabilities and all that. If he (or I) gets hit by a car, Dunkin Donuts is both liable and negligent--lottery time for whichever bottom feeding attorney gets to him first. Smile and say President John Edwards.
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1-10-2007 @8:54PM ariel said... Go ahead and sue DD. Especially if the establishment isn't wheelchair accessible in the first place - which is practically mindboggling for that to be true with a massive brand and it being 2007.
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1-10-2007 @9:12PM twinkie said... At a local drive thru Starbucks here in town they must have realized not all their customers drive(teens,seniors) and to accomodate, have a walk up window too.Maybe thats someting DD should consider...
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1-11-2007 @3:38AM BostonCreme said... If the man is willing to accept the risk of ordering his coffee from the drive-thru, what business-minded manager would deny him that right, especially if the store does not otherwise accommodate him ordering a cup of coffee. Not sure if a lawsuit is worthy, but I'd rather see him take his business elsewhere and the store lose money from the public relations fallout. Let him have a coffee, warn him about the risk he's taking, work to get the store accessible for him and send him on his way happy.
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1-11-2007 @12:02AM Aunt Pat said... Even though I do see the point of insurance, liability, I have to say, it's gotten so out of control. Now, having been in the situation myself of being disabled due to a serious injury- for 3 years, and having to learn to walk again, let me say, I see the scooter coffee drinking man's point. If you've ever been in that place-of being disabled- (and it's not a good one, let me tell you), the world just shuts you out. You think a lot of things are accessible but are not. You wind up being a shut in and a prisioner of your own home. I'm 43. It was not a fun time and I would not wish it on anyone. Wheelchair, scooter, anything. Everyone should be able to go where they want to. The world really makes it an option where it's easier to stay home if you are "differently abled".
Yes, as someone said, they DD - has coffee you can brew at home, but why should he have to? yes, he can buy it on line, OR he would have to go to the DD and purchase it-prob. thru a drive through window because he cannot get inside. See my point?
Now, why is it ok to have braille on a drive thru atm and yet, no one seems to question the fact that a blind person would have to DRIVE to get to an atm. That seems Ok, no one complains about THAT. (this was said tongue in cheek, I don't mean to offend any legally blind people out there.)
Had to post, as I am so sick of everyone being so afraid of being sued. Yes, you have to protect yourself from bozos. (I almost got hit today driving my car, some person went through a stop sign while chatting on a cell phone.) - but you could get hurt any time of the day, at home or away. I was injured outside my front door. That's the chance you take.
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1-11-2007 @12:09AM Tammy said... I sympathize with this person, but isn't this particular Dunkin' Donuts not accomodating anyone without a car? Many people walk or take the bus and were prefer -- as this man does -- not to have to cross a busy street to get to a Dunkin' Donuts that has in-store service.
I don't think DD should have to serve walkers or anyone else not in a car at the drive-through. People in cars just don't pay attention to anything smaller than them anymore. But I would think adding a walk-up window to the DD would increase business since they are in a shopping plaza.
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1-11-2007 @12:10AM Ryan said... He should stick one of those "slow-moving vehicle" signs like the Amish and tractors use on the back of his chair, and maybe a couple of orange flags, to make himself more visible if he's going to ride anywhere that cars do. And DD should let him use the drive-through. They let motorcycles use it, don't they? And being narrower than his chair, I bet those are not as easy to see.
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1-11-2007 @3:54AM sher said... First - refuse to serve the lawyers! The same lawyer willing to sue DD for refusing drive thru service would be just as eager to sue if the customer was injured on his motorized wheel chair while using the drive thru. The location could possibly be an older and much smaller DD store and grandfathered past handicap accessible zoning laws. I spent 2 years in a wheelchair and can see both sides of this issue.
My suggestion to DD - post a LARGE sign or several signs - saying anyone and everyone using the drive thru does so at their own risk. get the signs reviewed by shyster lawyers and good lawyers, find any loopholes that could be used against them, correct those flaws and post the large signs.
I personally am sick and tired of everyone suing for anything they can rather than accepting personal responsibility. For the lawyers that salivate over these cases...... well there's a special place for you, and I doubt they will be serving doughnuts when you get there, just some fire and brimstone.
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1-11-2007 @1:30PM Debbie said... While I sympathize with this man, no one has a constitutional right to a donut. Let him vote with his dollars (i.e. find a business that accomodates his needs) rather than by contributing to the publics entitlement mentality by suing for something that's not a matter of life or death. Sorry he's inconvenienced, but that's the way things are sometimes and there's definitely a safety issue here.
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1-15-2007 @6:37PM justine said... dunkin donuts is lucky that man gives them his business..... wheather he's in a wheelchair or not, aside from the fact that going thru the drive thru is dangerous, it shouldnt matter, he's STILL a patron of that establishment. maybe when he comes to get his coffee in the morning, someone should run it out to him, if they think that his going thru the drive thru is dangerous. and if he sues, i say GOOD FOR HIM!!
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2-20-2007 @11:27AM Greg said... I see no reason why this guy can't call ahead and have his coffee brought out to him right in front of the store. Or better yet, when he gets there he can call on his cell phone and have it brought out.
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