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A deaf Mansfield man sued Wendy's yesterday claiming the Westboro franchise refused his written order at the drive-through for a burger and pink lemonade.
``They refused to serve him,'' said attorney Rebecca G. Pontikes, who represents Howard Kaplan. ``The manager yells at him and tells him to go back around again.''
Kaplan and a deaf friend were trying to grab a bite after softball practice when they apparently angered the Wendy's manager by holding up the line.
The manager then allegedly threatened to call the police after Kaplan passed his finger across his throat - sign language for ``You're fired.''
Wendy's lawyers were not available for comment.
In December, the Massachusetts Commission Against Discrimination threw out Kaplan's complaint for lack of probable cause, an MCAD spokeswoman said yesterday.
Kaplan, who is in his 40s, is suing the Ohio-based chain in federal court in Boston for failing to accommodate his disability.
``As demonstrated through the incident . . . deaf or mute individuals cannot use Wendy's drive-through.''
According to his attorney, Kaplan has had no difficulty ordering fast food by note at McDonald's or Burger King.
``They refused to serve him,'' said attorney Rebecca G. Pontikes, who represents Howard Kaplan. ``The manager yells at him and tells him to go back around again.''
Kaplan and a deaf friend were trying to grab a bite after softball practice when they apparently angered the Wendy's manager by holding up the line.
The manager then allegedly threatened to call the police after Kaplan passed his finger across his throat - sign language for ``You're fired.''
Wendy's lawyers were not available for comment.
In December, the Massachusetts Commission Against Discrimination threw out Kaplan's complaint for lack of probable cause, an MCAD spokeswoman said yesterday.
Kaplan, who is in his 40s, is suing the Ohio-based chain in federal court in Boston for failing to accommodate his disability.
``As demonstrated through the incident . . . deaf or mute individuals cannot use Wendy's drive-through.''
According to his attorney, Kaplan has had no difficulty ordering fast food by note at McDonald's or Burger King.