CHICAGO — A federal judge has ruled a blind man’s lawsuit can go forward against McDonald’s arguing he can only purchase food in the middle of the night if he has a vehicle.

Scott Magee filed a lawsuit in May in Chicago federal court alleging that only offering service at drive-thru windows when the restaurant’s inside is closed violates the Americans with Disabilities Act.

The Chicago Tribune reports (http://trib.in/2kvE42R) the Louisiana man wants the Illinois-based fast-food chain to find a way to sell its food to those who physically can’t use a drive-thru. Many locations operate only as drive-thrus late at night for security reasons.

A judge ruled Wednesday that Magee’s lawsuit can go forward despite McDonald’s efforts to have it dismissed. Magee is seeking class-action status.

Attorneys representing McDonald’s declined comment.