A White Castle in St. Paul, Minnesota, is a 24-hour establishment, but it locks its dining room doors at 11 pm. Unfortunately, its drive-through service is restricted to customers in cars, so the employees refused to serve a 37-year-old woman who pulled up on an electric mobility scooter. Now she says she’s madder than fish grease, which is pretty mad, and she wants to sue them for discriminating against customers who can’t drive.
The Minnesota Disability Law Center is weighing whether to take on Wade’s case, said Justin Page, a staff attorney. It’s an “unsettled” area of law, with few cases testing the issue, he said. But on first glance, the policy strikes Page as inconsistent with the Americans with Disabilities Act.
“I would argue if you’re open 24 hours, you need to be accessible and provide accessibility 24 hours,” Page said.
“Whistleblower: Tough customer won’t end siege of Castle” [Star Tribune] (Thanks to Davis!)
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This is the most fun I’ve had in a Consumerist thread in a long time. The Snark is strong with this one.
Her “mobility cart” is the equivalent of walking and if walking up to the drive-thru is not allowed, why should she be allowed to “walk up” on her mobility cart?
And anyone that can operate a mobility cart could operate an automobile. Just because she doesn’t haven’t an automobile doesn’t allow her special rights.
I hope the MDLC does that right thing and drops this one. This is just a fatty in a Rascal looking for a quick settlement, not a handicapped person fighting for equal treatment.
Fast food joints don’t serve pedestrians, and I believe that being on a scooter for handicapped folks counts as being a motorized pedestrian.
On top of that, this lady looks like a classic chicken or egg scenario. What came first, her morbid obesity or her disability? Sorry to be cruel, but the fact she’s at a White Castle suing for their shit food is reason enough to ask the question.
Wow, just wow. I’m not going to blame the victim…if only because I cant possitivly identify one.
Oh, thank you, Consumerist! I didn’t have my daily share of Rain The Hate on Fat People, thanks for not making me to go to Some Other Fing Site to find it!
- whether her needing the scooter was caused by her weight is irrelevant
– what she weighs is irrelevant
– your problems with fat people are irrelevant
The ONLY thing that’s relevant is that this frivolous whining is making it harder to get real ADA support when needed.
A mobility scooter is used to help *mobility*, replacing walking. Walk-ups are not allowed at drive-thrus. If you can’t drive, you can’t go through the drive-thru. Period!
@mizmoose: But…but…fish grease! Food bribes! Exotic dancing! The ADA “weighing” the case! There’s so much material to work with!
@mizmoose: You are awesome. And right. Thank you.
@mizmoose: I think most of the hate has been directed toward her stupidity; the fat jokes were just a byproduct.
@mizmoose: Ditto. IAWTC
*prepares an e-mail to the moderator*
@Rectilinear Propagation: You’re right. I, too, should (once again) ask the moderator(s) to stop allowing free-range fat jokes that clearly are nothing but a chance to spout bigotry.
@mizmoose: Oh don’t feel bad. those who are doing the most snarking are fat themselves so it’s not so bad.
i don’t know which is more nauseating, White Castle hamburgers or the fact that she used to be an “exotic dancer.”
@BenderRodriguez: Hey, as far as dancers go, she’s pretty “exotic” compared to the usual standard of being attractive.
This woman is nuts. People are looking for any reason to sue these days. This is the new American dream; get rich from the lottery or by suing someone. People have no shame. If I were here I would be embarrassed to sue over something like this.
White Castle is totally correct with this policy. It is a safety issue. They can not have people and cars in the same area like this. Whats funny is that if they did server her and someone hit her with a car she would be suing over that. This world is really getting to be a sad place.
Sigh. The restaurant’s not open 24 hours; the drive-through is. There are actually drive-through restaurants that are (get this!) drive-through only!
It’s not an ADA case; it’s a case for people that can’t drive, period.
I’m sorry. This may have been asked. But my biggest question is “if said cantankerous skank was disabled, and therefore unable to drive, how did she get to white castle well after 11:00 PM?” I am sorry. I live in Houston, Tx. In a not so great part of town. But I HAVE lived in nice parts. And I still wouldn’t let someone with a disability just hop on their power scooter and head to McDonalds at 3:00am.
@mcnerd85: who is to say someone let her do anything? She may live alone and do ad she pleases. If this means trying to get some white castle she can do that. Doesn’t mean anyone is looking out for her.
She could have just as easily called a cab, had it take her through the drive-through, and dropped her off on the other side where her scooter was.
Inconvenient? Sure. But she would have been served.
ADA is simple, you must provide the same service as available to other customers. Inability to drive is not considered a disability. There are exceptions and logic for not making it everything. The safety of others is also considered. She has no case. Based on her logic, a deaf person should be able to go to a movie and see subtitles or they are discriminating against them. This is why judges are given the role of interpreting legislation. Nobody who passed the law intended anything that this woman is bitching about.
@gaywolverine: Umm, FAIL. Theatres can be required to provide captioning. Many chains have installed reflective captioning, and even the almighty Disney has that in their shows, or a handheld captioning device (wireless), and at least once a week they have scheduled ASL shows.
However, you are correct about inability to drive not being a disability. I think that for some reason the agency will pass on handling the case, but that isn’t going to stop this case.
And she will “win” after WC settles out of court. Until we have true tort reform with true loser pays other side’s costs, this will continue to happen. In a way, California’s settlement law is a decent first step – if the defendant offers a settlement prior to trial that is refused, and the plantiff wins less at trial, the plaintiff can be forced to pay costs of the defense. And vice-versa if the plantiff gets more than their settlement at trial. I was involved with a case that started at over $1million, and settled for less than $50k, after the trial was postponed at the plantiff’s request (apparently the plantiff refused the settlement at first against counsel’s advice, then counsel had an “emergency”, trial was postponed, and settlement reached the night before the postponed trial was supposed to begin….)
Since you don’t have to be able to drive, but just be able to be in a vehicle, I don’t think this should get anywhere.
Oh for Pete’s sake, grow up. You have no inherent “right” to be served at a drive-thru if you show up without a car.
Mobility scooter…not a car.
@‚ò†Gr—èr—èr—èr—èr—è sings the doom song now!: BTW, who the hell would *sue* over something like this?
WTF?
@‚ò†Gr—èr—èr—èr—èr—è sings the doom song now!: Apparently a former exotic dancer with a mullet.
@RecordStoreToughGuy: Apparently
In Canada, or at least BC, it is illegal to server customers not in cars. Because of safety reasons, and insurance reasons. It was found that most of the time walk thrus were robbed was by walk thrus.
@marcus1060: Gah! Let me rephrase that in a way that isn’t complete gibberish! A large amount of robberies came from walk thrus. There.
If there were only some way of having fast food delivered to your home….
@notgoodenough: I’ve heard rumors that you can even prepare your own food at home when the fast-food places are closed.
I once got my food at the drive-thru at burger-king on horseback no problem. Mostly just for kicks (the dining room was open). However, I firmly believe in the right for a business to specify that they will only serve vehicles through the drive-thru.
@dangerp: They had burger kings back then?
@dangerp: you my friend, are certified gangster.
Well I can certainly see her side of the story.
From the news segment video, they mention that she’s suing because they’re discriminating against people that can’t drive.
Thats an illogical argument. Does it make sense to sue car-washes?
Drive-in theaters?
Valet Parking?
Aaaaargh! Watching that video of her infuriates me. Anyway, since non-car owners and non-drivers are not a protected group of people, businesses can discriminate against them all they want.
She wants equal rights. I cant walk through a drive through. That chair lets her “walk”. Me wearing roller skates is not me in a vehicle. Her in a motorized wheelchair is not her in a vehicle. She needs to stop being fat.
@icantreplyright: Further, had she received the food she probably would have sued because IT MADE HER FAT. She in no way made herself fat by eating it.
Man I’d let an ex exotic dancer ride in my car any day for a slider..
eerrr.
@Eyebrows McGee (now with more baby!):
I would have served them imaginary food.
@henwy:
I mean you can’t refuse them for that reason. A black man in a shopping cart can still get the heave-ho.
The drive through is not there to serve pedestrians, which unless you are in a car (or on a motorbike, maybe?) you basically count as (at least in their eyes). Are they discriminating against the automobile challenged with this policy? Can I sue them on behalf of all of us who ride the bus and walk everywhere we go?
I actually saw something like this happen at a McDonalds. Around 5 severely overweight individuals went through their drive-through on scooters.
Me and my friends (being the insensitive pricks that we are) laughed our asses off.
I took a picture but it was on my old Black Jack 2 and it’s horribly blurred.
I’m sure it was a liability issue.
Why the hell didn’t she just go somewhere else?
I’d refuse to serve an obese drag queen in a scooter, too. Last thing she needs is more food.
I mean, if a disabled woman wants a double cheeseburger at 1:00 in the morning, she should have that cheeseburger! You corporate fat-cats are standing in the way!
i don’t think she has a case, or should drop it. i think that fast food places are bound by their insurance providers to only serve cars in their drive through, they won’t allow people on foot.
As others have noted, the reason they don’t serve car-less folks in drive through is that they don’t want to deal with the liability. Someone will wind up getting run over eventually, and the restaurant will be sued.
the court is “weighing in” eh…
Im sorry that a small segment of the population cannot get a white castle burger after 11pm.
its life. Deal with it. Eat something else. Eat 30 minutes earlier.
I’m still struggling with understanding “madder than fish grease”. That is definitely not a Minnesotan phrase.
So how mad does fish grease get?
I’m aware of fish oil and those fish oil capsules seem pretty calm and relaxed to me.
The only “fish grease” I’m aware of is the white diaper rash ointment. It doesn’t seem to be particularly explosive, though.
“Hotter than fish grease” seems to appear in the lyrics of several songs I’ve never heard of. The urban dictionary says fish grease is the stuff that makes fish slippery.
But I’m still at a loss. On the scale of so calm you’re virtually dead to hotter than a nuclear fusion bomb blast, how angry would “madder than fish grease: really be?
Inquiring minds want to know.
I was in Canada once where a woman was bitching about a sidewalk not being ADA compatible. I was completely in awe. I finally lost my relationship with Jesus and told her to shut it. Called her an ignorant American, told her to check her location in Canada where American laws didn’t apply to her…in a French accent of course.
If the lady in the scooter had burned her vagina with hot coffee…you see where I’m going with this.
I’m not sure why this person thinks anyone is discriminating. The rules are the rules, and are there for safety’s sake. If the rules didn’t exist and she was injured because she lacked common sense enough to stay out of a traffic lane on her scooter, she’d be suing the restaurant anyway. That said, this looks pretty much like yet another case of some self-absorbed dolt who believes that the rules somehow don’t apply to her and that everyone should go out of their way to accommodate her.
The only discrimination here is discrimination against stupidity.
In Florida, a bicycle is legally considered a vehicle according to the Florida statutes. So it would be safe to assume that if someone rode a bike through a drive thru, in Florida, they would have to be served?
Isnt driving a priviledge? So can an establishment not serve somebody w@RChris173:
NO their policy is a liscenced vehicle a bysicle is considered a vehicle but you dont need a license to ride one.
I’ve encountered a group of on-foot persons at a drive-through, quite to my surprise. I mean, there was a group of teens that popped out in front of my car as I pulled up to the window to pay. I guess they had heard my car pulling forward, or had noticed its headlights on in the dusk, and had decided that it was necessary to assert themselves as the rightful owners of the next order out. Nevertheless, I’m glad either the sound or sight of my car driving forward clued them in as to how quickly or how far I was pulling in, or I would have hit them.
I wouldn’t attempt to navigate, say, a craft fair with my car, or a crowded mall, just kind of inching behind pedestrians ambling from one attraction to the next.
Discriminating against people that can’t drive? Then they would have to serve absolutely anyone who came up to the drive-thru window. Note it’s called a “drive-thru” window, not walk-thru, or scooter-thru. Businesses can refuse to do business with you for any reason, get a life. Why is everyone so obsessed with fast food, to the point of calling 911? It’s not a right. Go to the damn grocery store or 7-11. Stupid handicap scooter isn’t even road worthy, it’s not supposed to be on the road.
Her level of indignation is over-the-top, and the seriousness of the reporting is a bit too much as well.
Honestly, the woman is waving her righteous indignation stick because she couldn’t get a late night hamburger from one fast food place? AND, she was on a mobility scooter (not a street-legal scooter of some kind)? Go home and have an apple lady.
Do we really need this kind of crap reported?
OK, I understand why she might be upset.
Until the part comes where she is SUING FOR CASH BECAUSE SHE CAN’T GET HEALTH DESTROYING HAMBURGERS.
Is that the freedom to be an American? The freedom to eat burgers at 2AM?
At the risk of sounding cynical, fuck, you, OP. You got your burgers, asking for damages is absurd. Go take some computer classes and get a job that you can work in your house.
The restaurant is a private establishment. They can choose to server or not serve whoever they want. That should be the end of the discussion.
@Andrey Goder: Like black people? Discriminating against certain groups like the disabled is illegal. There is no such thing as “private” when you live in a state.
Will they serve you if you are on a motorcycle??? cars only or “motor vehicles only”. What if she was driving a handicapped van? Nope, cars only. What are the hill folk with beat up pickup trucks to do, sorry, come back during regular hours, we’ll keep your order warm for you though.
That’s no way to treat Howie Long. If the WC was in Oakland I’ll bet they would have served him.
This is making me want to watch re-runs of “Curb Your Enthusiasm.”
[www.hbo.com]
- thnk sh nds t gt hr lzy ft ss ff th sctr.
B- ndrstndbly thy r dscrmntry twrds ppl wtht crs. Ppl n whlchrs, sctrs nd n ft lk. dn’t thnk thr’s cs t b hd, xcpt t drm p sm prplgc sympthy.
@UnicornMaster: Yeah, damn those fat lazy people … with degenerative arthritis …
@TCama: “Degenerative Disc Disease”– she wore her back out from being fat.
@UnicornMaster: @TCama:
fuck arthritis.
I mean, seriously, I hate arthritis.
@TCama: It was totally the donuts that caused the arthritis. Donuts cause arthritis. Don’t you know that? What are they teaching in schools these days?
@RecordStoreToughGuy: Except her condition is linked to obesity.
@William Brinkman: Yes, thank you, that was the joke. >.<
@UnicornMaster: I think White Castle probably did her a favor by to letting her stuff her face with sliders at that hour.
@darkjedi26:
god im glad someone said it.
So WHY do businesses want to lose money by only serving people in cars? If it was my drive-through, I’d take skaters, walkers, bikers — whoever wanted to pay me for the food! Isn’t that the whole idea?
@Mary Marsala with Fries:
Until one of them gets run over and you get sued.
@Mary Marsala with Fries: It makes them more money because drive-thru only service is what allows them to stay open late.
this is crap. she’s not in or on a vehicle. she’s using the mobility device to replace her ability to walk, and drive-thru’s don’t serve walkups.
i see more and more of these mobility scooters using the street instead of the sidewalk, and they need to be clued in to the fact that they’re not a vehicle, they’re a glorified powerchair. that’s all there is to it. unfortunately, someone, or a few people, will probably have to die in scooter-versus-car accidents in order to make that clear to these folks.
yet another good example of why frivolous lawsuits should NOT be allowed to clog our courts and steal hard working peoples’ money. Fvck all the lawyers who encourage this kind of shit, the lawmakers who allow it, and any low life pos like this fat ass loser lady who abuse our legal system this way.
On the one hand she wants to sue White Castle because they “made her fat” and on the other hand she wants to sue them because they LISTENED to her first lawsuit and decided to stop serving obese people? BS BS BS!!!
A person can’t walk up to the Drive Thru and get service, and you can’t wheelchair/scooter sounds like equal protection to me. Bad business move, tho. White castle is filling, though.
Hmm, so the McDonald’s served her but warned her not to do the same thing again? I think the White Castle, which she said she has done the same thing before, told her they could only do it this last time and notated it.