• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Deaf New Jersey woman sues Taco Bell over drive-thru orders

Status
Not open for further replies.

TheSeks

Blinded by the luminous glory that is David Bowie's physical manifestation.
You do know that Regal does offer Closed Captioning devices, right? Descriptive Video too? Most chain theaters do.

Not before like Sony introduced them. Before you had these big bulky "Tables" sort of things to project captions onto (if the theater invested in them) and I didn't go to theaters from like 2000 (after Hero and the Lord of the Rings trilogy) until like the Avengers in 2012 due to it.

The options were RF systems (which don't work for deaf or HoH that can't understand the RF system's output) and that's about it before Sony's glasses.

On another note, technology advancements have been awesome for deaf people, I can freaking order a pizza myself online with Internet or apps and have it delivered when in 1990's I had to ask someone to call for me.

TTY wouldn't have worked? I know TTY on IM's were introduced in the early-00's but I barely used them because it required typing in short-hand and that's not for me. But most places that you'd call would eventually understand the TTY system after it being explained.
 
you're trolling right?
this woman is clearly bullying the corporate to get money..
I don't have any problem to get a payback for damages, but there are no damages..
none at all.. simply the drive through is not "able to serve deaf people"..
is it racism? nope..
or you want, like in school, a serving guy who can read/use the sign language because deaf people MIGHT show up?
christ saske..

things that are new are scary to me too!
 

dity

Member
The people at the drive thru window are dicks for refusing to fill orders just because it's written down. She doesn't want them to learn sign language, just read the damn note.
 
Well given that it would be difficult for her, just walk in the fucking restaurant in the first place.

Or the restaurant can just fucking accommodate her the way they are supposed to, rather than making her accommodate them and their apparent inability to figure out how to serve a deaf person via drive thru.
 

TheSeks

Blinded by the luminous glory that is David Bowie's physical manifestation.
Well given that it would be difficult for her, just walk in the fucking restaurant in the first place.

...How is handing them a note any different outside/on the drive-through than it is in the place?
 
Well given that it would be difficult for her, just walk in the fucking restaurant in the first place.

"Just deal with discrimination jeez!"

The drive-thru exists for people in a hurry. Telling her that she needs to come inside is essentially saying that if she ever needs to go through drive-thru, she cannot.

But continue on being angry that someone wants equal access to services in a business. Were you also screaming "WHY THE FUCK WOULD A SAME-SEX COUPLE BUY CAKES FROM A CHRISTIAN BAKERY ANYWAY"
 
I started out being on Taco Bell's side, but the more I think about it the more I hope she wins. I don't know that she's owed damages, but I don't think it's too much of an inconvenience to cater to the occasional deaf drive-thru patron. It feels pretty silly to say that me having to wait an extra minute in a drive thru so that someone can be treated like I am isn't worth it to me.
 

dity

Member
Well given that it would be difficult for her, just walk in the fucking restaurant in the first place.
Are the drive thru employees unable to read? Is comprehending words that hard for them? If reading is difficult for them, give the job to someone who can.
 

TheSeks

Blinded by the luminous glory that is David Bowie's physical manifestation.
I started out being on Taco Bell's side, but the more I think about it the more I hope she wins. I don't know that she's owed damages, but I don't think it's too much of an inconvenience to cater to the occasional deaf drive-thru patron. It feels pretty silly to say that me having to wait an extra minute in a drive thru so that someone can be treated like I am isn't worth it to me.

Honestly, I don't think she deserves damages. But suing via the ADA is the only way most companies will change for Deaf and other disabled patrons.

The New York Times had an article about how the Deaf have problems in New York and have to deal with police not understanding them or bothering to try to communicate with them and having to go to lawyers and the like to have equal rights.
 
Honestly, I don't think she deserves damages. But suing via the ADA is the only way most companies will change for Deaf and other disabled patrons.

The New York Times had an article about how the Deaf have problems in New York and have to deal with police not understanding them or bothering to try to communicate with them and having to go to lawyers and the like to have equal rights.

My perspective is that she probably doesn't, but at the same time, Taco Bell deserves to pay damages if they intend to discriminate further.
 

dity

Member

TheSeks

Blinded by the luminous glory that is David Bowie's physical manifestation.
My perspective is that she probably doesn't, but at the same time, Taco Bell deserves to pay damages if they intend to discriminate further.

If money wasn't involved then Taco Bell probably wouldn't give a toss.

Well, on the first part: Yeah. They're discriminating (not nationally, so I'm not sure major punitive damages are required) and thereby need to be taken to court for failing ADA. Taco Bell is a public establishment, this means by law they have to accommodate no matter where she ordered from.

For the second: Yeah, and that's sadly the only way the corporations will change. Which made me reread the article and see that the people that sued due to not getting accommodations also got money out of it, which makes sense because those cases are like hers where didn't get service because people were dumb.
 

besada

Banned
To be clear on damages, you have to ask for them to file under these laws. Furthermore, she asked for no specific amount of damages, but rather left it up the the courts to decide. Basically she's asking for the minimum required, because what she really wants is court orders to enforce Taco Bell's adherence to the rules, which is her primary demand.

The whole demand is available for reading at the original eater.com article, if you're interested.
http://www.eater.com/2016/7/13/12180574/taco-bell-deaf-discrimination-lawsuit
 

thedan001

Member
TTY wouldn't have worked? I know TTY on IM's were introduced in the early-00's but I barely used them because it required typing in short-hand and that's not for me. But most places that you'd call would eventually understand the TTY system after it being explained.

TTY's were an option, just inconvenient when calling businesses that used machines asking for an department, (press 1 for x, press 2 for y, etc) and I usually called businesses all the time. Email was starting out so I used that to contact people anyways.
 

Tigress

Member
You know, I work retail. Yes serving deaf people is a little slower/more inconvenient. I deal and find ways to deal with it. Yeah, so it might slow me down a minute or two. At least that is only occasionally. I and other customers can handle it and so can the people behind her.

It's not unreasonable to ask them to take her note by order since they don't have the facilities to better accommodate her. For them it is once in a while to deal with that (same as the people behind her, even less often for them). For her she's stuck with it. And maybe she doesn't want to get out because it is raining or whatever her reasons are. It is their responsibility by law to accommodate her within reason. And taking a note by the drive through window is within reason. If you really think it isn't then I think you are being the unreasonable one here. And I really doubt the law will be behind you.
 
I'll admit I'm not too familiar with what provisions the ADA allows, but Taco Bell offered a reasonable accommodation imo, by having a door through which a disabled person can enter and order their food via note, talking, whatever.

As far as 'no big deal' having the customer order at window and wait for a server to bring it out, usually that is done because the restaurant has an issue (messed up order, couldn't cook the meal in time, etc), not the customer. It takes resources away from the operation. 100000 Billion dollar company or not.

Hey, I just want to sit in the parking lot and have a server come to me on demand to take my order. Maybe I broke my leg. Is that cool? What about smaller restaurants with drive thrus that couldn't afford a fancy touch screen solution, etc? A bad precedent to set. It's a convenience option with obvious limitations such as what she experienced, not a fundamental right.

Can Regal be sued because they don't offer subtitles at movie theaters? And so on.

f-r-i-v-i-l-o-u-s

https://www.amctheatres.com/assistive-moviegoing

I have to say, this thread has been pretty eye opening. I lived with a deaf person for 2 years, and they are a good friend of mine. I really don't think anyone who's shitting on this woman for suing can even comprehend what it's like when you are deaf, or realize how small of a thing she is asking for that is a complete shame Taco Bell doesn't have. No, breaking your leg doesn't fucking compare to being permanently deaf so get out of here with that shit. It really boggles the mind on how you think this is some sort of slippery slope and that a drive through is suddenly a "fundamental right". That's not at all what this is about. This is about treating these people with disabilities just like you and just like me so they don't have to feel like some sort of secondary class of people. Having Taco Bell either accept notes, keep a simple pen and paper nearby the drive through window or have a sign someone can point to is really not all that hard. Many restaurants already do it, probably ones that you already go to. It doesn't somehow through the entire system off. Have none of you ever asked at the cashier window "Hey, could I actually add <X> to my order as well?" if you forget something at the microphone at first? They say sure, and life goes on. The ADA does make provisions if a place truly can't accommodate people with a disability, and this is not one of those times.

Likewise, many movie theaters offer various closed captioning devices. Maybe you'd prefer if they don't go to movie theaters and just wait for the DVD?

Public buildings, offices, sports stadiums, etc. are handicap accessible. Maybe people who can't walk shouldn't go to sports games because they can just watch it on TV, right?

Someone with a permanent disability is living a harder life. They already have to do tons of shit differently. There's jobs they can't get. It's much harder to get friends and also much harder to hang out with them. Communication with most other people is already difficult (especially since many deaf people have speech difficulties on top of everything else, such as lisps because they can't hear themselves) Music? Yeah, that's obviously going to be difficult! In the case of my friend, who had okay hearing due to his cochlear implant, he could never even go to a club or a place like that and try to have a conversation. That amount of noise pretty much overloaded his implant, so he had to turn it off. Or maybe you're out somewhere and the battery dies, and you suddenly can't hear anything (which btw, is not the same as hearing nothing -- it's like how being blind is not the same as just closing your eyes).

All this lady wants to do is drive through a taco bell like you and me and get a taco. She doesn't need yet another thing in her life she needs to do differently if Taco Bell can easily accommodate deaf people.

The complete lack of empathy from some of you is unbelievable.
 

Stinkles

Clothed, sober, cooperative
Big assumption: the plaintiff is telling the whole truth.


They were dicks to her over a perfectly reasonable and transparent written request.

She wasn't asking for a translator at every drive thru.

If you're hiring people who can't read a simple note...
 

Ponn

Banned
I would love to see a GAF ran restaurant. It would be like Popcopy

vFwsOrt.jpg

"Here's your note back bi@#$! OH, you want the manager. I AM THE MANAGER!!"
 

TheSeks

Blinded by the luminous glory that is David Bowie's physical manifestation.
If you're hiring people who can't read a simple note...

Eatery.com article said:
She claims she was "berated" by a manager before receiving her food at an outpost in Pleasantville, N.J., on January 11.

It's apparently not just the register people, but the managers. Whoever those manager(s) are is either being shitcanned (most likely) or redoing training (where they probably won't learn anything from it).

The local McDonalds has a sign telling deaf/mute patrons to pull around to the window to give their order.

Not all places do that, and honestly it's why this suit has semi-merit in regards to getting the ADA Title 3 to push those signs onto the drive-through menu and/or letting folks know that yes, it's completely okay for them to drive up and have their accommodations carried out.
 

TheSeks

Blinded by the luminous glory that is David Bowie's physical manifestation.
You guys think that every dear person can read lips? Or that reading lips is anywhere near as accurate as tv shows make it seem? lol

Speaking as someone that has attempted it due to communication issues? I know it's not as easy at TV makes it seem (it takes years or practice). But that isn't what we're getting at. It's 2016, there's smart-phones out there. There's self-serve stations out there. You're telling me you can't put the ability to self-order on fast-food drive-through? Either by interconnecting an app ("There's an app for that!&#8482;") or otherwise?

Deaf folks were one of the first non-Business people to pick up smart-phones or phones with keyboards for the sake of easier communcation. You're telling me you can't make an application that interconnects with a local franchisee like Dominos and Pizza Hut has done for call-in orders already?
 

Hollycat

Member
She can't ask every business to hire someone knowing sign language, so what's the endgame on this? Cameras on both ends? The fast food employee is constantly multitasking, and that's assuming the deaf person can lip read.
 

malfcn

Member
She can't ask every business to hire someone knowing sign language, so what's the endgame on this? Cameras on both ends? The fast food employee is constantly multitasking, and that's assuming the deaf person can lip read.

She's not asking for that. If you would have read, she was denied service for essentially writing her order for them.
 

Hollycat

Member
She's not asking for that. If you would have read, she was denied service for essentially writing her order for them.
I did read that. I'm asking her endgame. I think they could and probably should have done it but I understand why they didn't. They use the time between the speaker and window to begin preparing food. It could become mildly inconvenient to begin taking orders through the drive through by note. I suppose it could also go against their policy.
Does she just want them to take notes through the window?
 
I did read that. I'm asking her endgame. I think they could and probably should have done it but I understand why they didn't. They use the time between the speaker and window to begin preparing food. It could become mildly inconvenient to begin taking orders through the drive through by note. I suppose it could also go against their policy.
Does she just want them to take notes through the window?

Her end game is that Taco Bell and other fast food restaurants figure out a way to serve deaf people through their drive thrus, as the ADA dictates they should. How they decide to do that is up to them.
 
Well in Canada I know Taco Bell used this device known as Menus that can talk. People have a good way of recongizng a problem and finding a PROFITABLE solution. Maybe this is one of those cases.
 
I did read that. I'm asking her endgame. I think they could and probably should have done it but I understand why they didn't. They use the time between the speaker and window to begin preparing food. It could become mildly inconvenient to begin taking orders through the drive through by note. I suppose it could also go against their policy.
Does she just want them to take notes through the window?

Other fast food chains let customers drive to the window to order. Taco Bell doing the same is a reasonable accommodation.
 

thedan001

Member
If you're hiring people who can't read a simple note...

One time I wrote down my order at a Mcd's, the cashier dude told me he couldn't read at all

Whatever his circumstances were that he didn't know how to read English, it made me laugh just realizing I was helpless for a moment until a co-worker helped us both out

Even though it took a while for me to accept my deafness, I've learned overtime that being deaf for your whole life is an unique experience to be enjoyed


I've had many bad experiences like that woman did at the NJ Taco Bell, I never went as far as to sue for a lawsuit, but I do take on opportunities to educate others on our needs
 

kami_sama

Member
It would be a valid concern if drive-trough was the only way to get food.
But it isn't. You could always go inside the restaurant and buy whatever you want.


Edit:
Big assumption: the plaintiff is telling the whole truth.


They were dicks to her over a perfectly reasonable and transparent written request.

She wasn't asking for a translator at every drive thru.

If you're hiring people who can't read a simple note...

That's a different story from what I though. If she's telling the truth, she has all the reason to sue.
 

thedan001

Member
As a colorblind individual, I've always wondered if I could sue a company that used displays I couldn't see.

No idea on colorblind accommodations, but if it affects you in a big way then others would see the reasoning behind it

What about voice chat from online multiplayer FPS games? Titanfall and Overwatch have text based chat interface on PC's but consoles don't even though PS4 and X1 have keyboard input support, the games just disables it (probably for reasons involving console limitations) I just dont understand why it's a big issue to disable it for consoles, would be nice to know the reasoning behind it

Played Destiny and it was a nightmare trying to find groups for raid back then without being able to use a microphone

I've always wondered if ADA has a play in this or not

It would be a valid concern if drive-trough was the only way to get food.
But it isn't. You could always go inside the restaurant and buy whatever you want.

Some restaurants close in the evening but drive-thru can be open until late into midnight or open all night, which is the only way to get food at those hours
 
https://www.amctheatres.com/assistive-moviegoing

I have to say, this thread has been pretty eye opening. I lived with a deaf person for 2 years, and they are a good friend of mine. I really don't think anyone who's shitting on this woman for suing can even comprehend what it's like when you are deaf, or realize how small of a thing she is asking for that is a complete shame Taco Bell doesn't have. No, breaking your leg doesn't fucking compare to being permanently deaf so get out of here with that shit. It really boggles the mind on how you think this is some sort of slippery slope and that a drive through is suddenly a "fundamental right". That's not at all what this is about. This is about treating these people with disabilities just like you and just like me so they don't have to feel like some sort of secondary class of people. Having Taco Bell either accept notes, keep a simple pen and paper nearby the drive through window or have a sign someone can point to is really not all that hard. Many restaurants already do it, probably ones that you already go to. It doesn't somehow through the entire system off. Have none of you ever asked at the cashier window "Hey, could I actually add <X> to my order as well?" if you forget something at the microphone at first? They say sure, and life goes on. The ADA does make provisions if a place truly can't accommodate people with a disability, and this is not one of those times.

Likewise, many movie theaters offer various closed captioning devices. Maybe you'd prefer if they don't go to movie theaters and just wait for the DVD?

Public buildings, offices, sports stadiums, etc. are handicap accessible. Maybe people who can't walk shouldn't go to sports games because they can just watch it on TV, right?

Someone with a permanent disability is living a harder life. They already have to do tons of shit differently. There's jobs they can't get. It's much harder to get friends and also much harder to hang out with them. Communication with most other people is already difficult (especially since many deaf people have speech difficulties on top of everything else, such as lisps because they can't hear themselves) Music? Yeah, that's obviously going to be difficult! In the case of my friend, who had okay hearing due to his cochlear implant, he could never even go to a club or a place like that and try to have a conversation. That amount of noise pretty much overloaded his implant, so he had to turn it off. Or maybe you're out somewhere and the battery dies, and you suddenly can't hear anything (which btw, is not the same as hearing nothing -- it's like how being blind is not the same as just closing your eyes).

All this lady wants to do is drive through a taco bell like you and me and get a taco. She doesn't need yet another thing in her life she needs to do differently if Taco Bell can easily accommodate deaf people.

The complete lack of empathy from some of you is unbelievable.

QFT.

I've deaf and I have a physical disability, the shit I have to go through for the most mundane things would probably make Terry Crews cry.
 

Timedog

good credit (by proxy)
Lol, some people are pretty worried about poor Taco Bell losing a little bit of money for being shitty to a deaf person.
 
I didn't think of that. Also, like I said in my edit, I didn't have the whole picture.

Even if the restaurants didn't close in the evening, they have to make reasonable accommodations to allow deaf people use of their services. Offering a drive thru is a service. Telling people who are disabled that you are not only not going to accommodate them, but that they should accommodate you as a restaurant by parking their car, getting out, and going inside, is not only probably against the ADA but also incredibly shitty.
 

Kettch

Member
Handing over a note with the order seems incredibly reasonable. I don't know what kind of damages should be awarded, but hopefully this will result in companies accommodating deaf customers in the future, especially considering that it costs them nothing to do so.
 
Status
Not open for further replies.
Top Bottom