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A blind Louisiana man is suing for for the ability to use McDonald’s drive-thru windows, reports the Austin American-Statesman. A lawsuit filed in Chicago federal court on behalf of Scott Magee alleges that McDonald’s vehicle-only drive-thru policy is a violation of the Americans with Disabilities Act.

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The Statesman reports that late-night munchies are the main rub:

Many McDonald’s locations only serve customers at the drive-thru window during late night hours. Magee’s lawyer, Roberto Costales, tells the Tribune that getting a late night snack at McDonald’s is “a quintessentially American activity that should not be denied to someone because of their disability.”

McDonald’s has not yet responded for comment, at least to the Associated Press.