Federal Judiciary

Second Revives ADA Claim Against Rude Fast Food Employees

By Robert Loblaw

Camarillo v. Carrols Corporation, 06-4909 (2^nd Cir., Feb. 8, 2008)

The Second Circuit has revived a disability discrimination claim against several fast food chains in the Catskills area that do not have large print menus. Plaintiff Alice Camarillo is legally blind and can only read large print at a close distance. So when she walks into her local Burger King or McDonalds or Wendy?s or Taco Bell, she cannot read the posted menus. The restaurants do not offer special large print menus, so Camarillo has to rely on the employees to read her the food offerings.

Although she has never been denied service, Camarillo alleges that the experiences have been degrading. Specifically, “she has been made fun of, stared at, and forced to wait until other customers behind her in line were served, and the employees have often read her only part of the menus.” So Camarillo filed suit, claiming that the failure to provide large print menus violates the Americans With Disabilities Act. The district court dismissed her claims on the ground that workers at the defendant restaurants always read the menus to Camarillo, and she was always permitted to eat. Because she could not demonstrate that she was denied a service available to other patrons, she had not established an injury within the meaning of the ADA.

Full post as published by Decision of the Day on February 08, 2008 (boomark / email).