A lawsuit out of Louisiana is claiming McDonald's drive-thru policy is inherently discriminatory against disable people, allowing only those who can operate a motor-vehicle the privilege of ordering late-night fast-food. 

Though Scott Magee, 35, resides in New Orleans, the class-action suit was filed in Chicago federal court last week near the burger chain's Oak Brook, Illinois headquarters. The defendant and his lawyer, Roberto Luis Costales, argue that McDonald's policy is a violation of the Americans with Disabilities Act. Past a certain hour, most McDonald's will close their main dining rooms and allow customers to only at the drive-thru. While missing out on a burger and fries might not sound like a travesty, for someone like Magee, who's disability leaves him unable to cook for himself, being able to order food becomes a greater necessity. 

In the past, Magee claims he's been ridiculed by McDonald's workers for walking through the drive-thru, and Costales told the Chicago Tribune that grabbing a late-night bite is "a quintessentially American activity that should not be denied to someone because of their disability."

Instead of keeping the restaurant's dining room open later, or allowing patrons to walk up to the drive-thru window, instead, McDonald's could add a telephone where disabled persons could call in a late-night order. 

"This is something simple that can cause a lot of hurt to disabled people, especially if, like Scott, they cannot cook for themselves," Costales told Fox News. "We are looking forward to having these small changes implemented in [a] safe way. All we’re asking is for a small concession that has the potential to help millions.”

[via The Chicago Tribune]