A blind man is taking McDonald's to court because he is not permitted to use the drive thru.

The 35-year-old man said that fast-food giant's ban on non-drivers from using the restaurant chain's drive-thrus goes against the American with Disabilities Act, the Chicago Tribune reported.

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Many McDonald's across the country open as drive-thrus only late at night for security and to reduce the cost of staffing the business.

The litigant's lawyer said the company could correct the issue by installing a phone outside of the store so those with disabilities who cannot drive can still get food during the drive-up only times.

Roberto Luis Costales, the lawyer involved in the case, told the Tribune that getting a late-night snack is "a quintessentially American activity that should not be denied to someone because of a disability."

McDonald's said it could not comment on the pending suit.

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UPS driver Dan Partyka delivers an overnight package. As more people buy more goods online, the rapid and unrelenting expansion of e-commerce is causing real challenges for the Sandy-Springs based company. (Bob Andres/AJC 2022)

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