What? Hearing Impaired Woman Sues McDonald's

July 16, 2008— -- A hearing-impaired woman says in a federal lawsuit that she deserves a break today.

Karen Tumeh of Lincoln says in the lawsuit that a local McDonald's refused to let her order food at the drive-thru window, insisting that she either order at the electronic speaker along the drive-thru lane or come inside to order.

Tumeh says in the lawsuit that she wears a hearing aid but still cannot hear while using the drive-thru ordering box at fast-food restaurants.

She says that at least three times since September 2007, workers at a Lincoln McDonald's refused to let her place her order at the drive-thru window.

Tumeh's lawsuit says that in denying her service at the drive-thru, McDonald's violated the federal Americans With Disabilities Act.

McDonald's issued a written statement on the matter, saying it "takes pride in making our restaurants accessible to all customers, including those with disabilities," and that it "complies with all applicable laws, including the American Disabilities Act."

The company declined to comment further, siting pending litigation.

The 1990 law is perhaps best-known for requiring wheelchair ramps in buildings. Among other things, the ADA calls for special parking stalls and ramps and dictates the height of countertops, placement of toilet grab bars and the width of doors.

Tumeh's attorney said Tumeh is physically capable of walking inside to order -- but that's not the point.

"She has children who are autistic, and if they're having difficulties, it would make it problematic for her," Shirley Ann Mora James said Tuesday. "It's not appropriate for a hearing-impaired person to be forced to go inside because of their disability, when ... other drive-thru, fast-food restaurants have a policy to allow deaf and hard-of-hearing people to order at the drive-thru window."

Mora James said other McDonald's restaurants in Lincoln have accommodated Tumeh in their drive-thrus.

"We have attempted to resolve this on many occasions and have unfortunately been unable to resolve this," Mora James said. "So we were forced into litigation."