It's been a bad few weeks for McDonald's in terms of health and safety. Following their refusal to serve a woman on horseback at their drive-thru in Greater Manchester, a Portsmouth pensioner has now been banned from taking her mobility scooter through a drive-thru in Bedhampton.

Mrs Legg, who has chronic obstructive pulmonary disease, is partial to a strawberry milkshake, so popped to the fast food giant on her way back from Asda. She was served, but told she wouldn't be again because of health and safety. She commented, “It wasn't causing a problem was it? I just don’t understand. It's discrimination. I don't want to sue anyone and I don't want free strawberry milkshake for the rest of my life – I just think it should be brought to people’s attention.”

She continued, “Health and safety was never created for this sort of ridiculousness – it was to protect people who were working in industry and with machinery.”

A spokeswoman for McDonald's said, “Our drive-through lanes are custom built for motor cars, vans and trucks. In line with this policy we do not to serve pedestrians or bicycle riders (or people on horses) at the drive-thru window, for everyone's safety. Customers on mobility scooters cannot be served through the drive-thru lane but are welcome to bring their mobility scooter into the restaurant where possible.”

Mrs Legg's stance has been praised by Health and Safety Executive Chair Judith Hackitt. “I salute Kate Legg for challenging officials who cited health and safety as a reason why she couldn't use her mobility scooter at a McDonald's drive-thru. As she points out so eloquently, health and safety regulations are there to ensure workers come home to their loved ones, safe and well, after their day's work – and have nothing to do with this matter. Everyone should follow Kate Legg's lead. Don't accept this nonsense.”

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