Americans with Disability Act cases are a frequent topic of discussion on this blog. As a regular reader of new case filings, I have noticed an up tick in the number of rather creative ADA claims that are unlike the typical case challenging the height of counters or width of bathroom stalls. This new lawsuit filed against McDonald’s in Los Angeles caught my eye today. In Cardona v. McDonald’s Restaurants of California, Inc., the plaintiff and his minor son who is autistic became agitated by the noise and small tight play areas in the play area at a McDonalds. They sought a reasonable accommodation for the disability and were allegedly told to not bring the child back.
This case is reminder that ADA compliance requires much more than hiring a consultant to measure the incline of the wheel chair ramp and the number of handicap parking spaces. Any employee who interacts with consumers or employees must be prepare to identify a complaint or request for accommodation that may be a pre-cursor to an ADA lawsuit.
I hope to follow this case and update readers on how the case progresses. Stay tuned.
I understand that an austisic child might not be able to cope with a lot of noise and small places. The parents are aware of this and should not expect all places to be able to accomodate this. Play places are built to certain specifications and there will always be noise. I think the parents should avoid such situations and neglectful lawsuits agains major corporations. This sounds like a money grab to help pay for the child’s medical needs.
We have an autistic child in the family and the parents would never expose their child to these kind of circumstances that could set the child off. The parents are inconsiderate of the child’s situation and would have or should have known better than to expose their child to that play space.
The store owner or manager was rude however and should never have given an anwser such as that.