Jack in The Box Says Drive-Thru Not Discriminatory Against Blind

Jack in the Box Inc.'s late-night-drive-thru-only policy may “discriminate” among people based on whether they are in a car, but it doesn’t unlawfully deny service based on anyone’s visual impairment or other disability, the chain told the Ninth Circuit.

And driving isn’t a “major life activity” protected under the Americans with Disabilities Act, Jack in the Box and affiliated company Different Rules LLC said in an April 16 filing. The chain urged the U.S. Court of Appeals for the Ninth Circuit to affirm a ruling that dismissed a proposed class suit by two blind patrons.

During late night and early ...