Drew Eckhardt 

But only around during lunch hour, which doesn't help evenings after fast food joints have gone drive-through only.

Drew Eckhardt 

Nothing. In general businesses can refuse service to anyone for any reason that's not legally prescribed like color or creed.

I-Like-To-Bike

Are food trucks normally found operating during the hours when fast food operations are drive thru only? If not, food trucks are NOT the answer to the problem addressed in the OP.

02Giant 

My reply was a bit of sarcasism, dragging trivial issues through the court system has become the American way.

caloso

Personally, I'd rather go hungry than eat what comes out of most fast food drive through windows.

I-Like-To-Bike

That is an appropriate answer for a question about food preferences.

rydabent

Yes it could be construed as discrimination not to serve a cyclist out the drive up window. As I stated that can include the young, people without cars including those that have lost their license. It can and does include people like me that use the bike for exercise, and just want to save gas. My wife and I are retired and have downsized to one car. So if she takes the car, that leaves me with just my bike or trike to get around. And too, there are the so called green people that maybe dont even have a car or take their bike amost any where they can.

The excuses of not serving a cyclist out of a drive up window is about as thin as chicken soup made out the the shadow of a rooster.

I-Like-To-Bike

Almost as thin as construing the business decision as "discrimination" and pursuing the issue in court.

rydabent

A simple question might be asked here. Why would any business turn away customers?

CliffordK

I think that was asked before, and personally I think it is a very odd practice.
When I was turned away from Wendys... it not only lost the one sale, but it annoyed me enough that it lost additional sales.
No doubt other local customers were also turned away at some time.

The close the lobby, keep the drive-through open probably saves a little money as it should require less staff. Perhaps it is safer in some communities, but the risk in most communities of having the lobby open must be low. However, a window does provide somewhat of a barrier to entry.

My guess there is a confusion in directives.
During the day, why would one allow people to walk up to the drive-through when they are best served inside.
At night, however, if the drive through is the only option, then not serving customers at the drive-through means they're not served.

Bikes, of course, are an odd not vehicle, not pedestrian mix. And values range from $20 to $10,000 with different needs in each type of rider. Many establishments seem to forget to put in a rack, and one ends up laying the bike next to a window.

FBinNY 

Who knows.

I don't think anyone here would say that bicyclists shouldn't be allowed at a drive up window, but that's not the real question.

If you scroll back, you'll see that the OP referenced a proposed state law which would prevent cities and towns from MANDATING that bicycles be allowed at the drive up.

So the real question is: Should cities and towns be allowed to MANDATE that bicyclists be allowed at drive up windows?

Based on your prior posts opposing bureaucratic meddling, I would have expected you to support a law opposing mandates. But then again, one man's bureaucratic interference is another's necessary protection of rights.

kickstart

I guess auto parts stores better start selling shoes and bicycle parts lest they be sued for discrimination against the poor and young.......

mr_bill

The real question is all politics local - or not. But what do I know. (Hint - if you think local authority doesn't extend to drive through restaurants - think again.)

Sorry - have little patience for faux-principles.

PS - if you don't want sprawl infrastructure - don't support it.

-mr. bill

mr_bill

PPS - and if you want anti-sprawl infrastructure - support it.



-mr. bill

FBinNY 

Not my call. It's the call of the Utah state legislature, which gets to set the rules city councils in Utah have to live by.

However, if you want MY opinion, it's that yes, bikes should be allowed at drive through windows, but I don't see it as some sort of civil rights issue and don't support mandates. Merchants should be able to set their own hours and policies within the broad context of their CofOs.

It's not like anybody is going to go hungry because a fast food joint won't serve them after hours.

Of course that's just MY opinion, and as this is a forum, everybody is entitled to have and/or express their own.

mr_bill

And yet a state legislature would *RARELY* *IF* *EVER* intrude on local authority of how many parking spaces are needed for a fast food restaurant - since that is a *LOCAL* decision.

Faux-principles.

-mr. bill

jon c. 

But the historical common law, going back centuries, does impose a basic duty on owners of public houses to provide service to all who present themselves. A concept found in biblical principles as well. That the hungry wayfarer should be fed has been basic to human civilization through much of recorded history. The notion that individual whim should trump the framework of society is a relatively novel concept.

gpsblake

I disagree. You and them can always walk in and order at the counter. I hate to say it, but arguments like this make bicycling advocates come across as nut jobs. We need to be spending our energy on REAL ISSUES, like bicycle safety, enforcement of 3 foot laws, etc...

kickstart

Apparently there are a few sovereign citizen types here.

I-Like-To-Bike

Whole lotta construin' goin' on! Nice beat, but don't think anybody anywhere but A&S is going to dance to it.

rydabent

gps

Do you think I should leave my $2000+ bike sit outside where it could be stolen while I am inside a cafe or bank? Especially if they have no bike racks to lock it to?

I-Like-To-Bike

Yes, if you plan on going inside a business establishment.

What do you do with your $2000+ bike when you go to the movie theater, doctor's office, court house, hospital, office building, apartment house, church, regular sit down restaurant, or any other place that doesn't give a darn about how much your fancy-dancy bike costs, or where you park it as long as it is NOT inside their place of business, or care if you threaten to conduct your business only at locations where a bike rack is placed for your convenience?

KD5NRH

When the next tavern might be a 3-6 hour walk away, that makes sense. When Whataburger is right across the street, then the rights of a property owner should win out.

KD5NRH

The specific situation in question is when the lobby is closed and there is no alternative to the drive through window.

jon c. 

The rights of the property owner aren't really in question. The property owner may use his property as he or she sees fit (subject to zoning, etc.). If they choose to enter the world of commerce, they are free to open any sort of business they wish. Once they decide to open a public house, it doesn't seem unreasonable for them to serve the public. If they want to run a private club and not be subject to any social obligations, they retain that choice as well.

I have no idea what is across the street and it is therefore irrelevant when discussing the applicable common law theories.