Despite an impassioned plea from a McDonald’s lawyer, a Chicago judge refused on Wednesday to dismiss a class action alleging the restaurant chain was creating a public nuisance by failing to protect its workers from COVID-19.

The lawsuit, brought by five employees and four people who live with them, is among the few cases to ask a judge to force a business to provide adequate COVID-19 protection to its workers. Following a hearing held via Zoom, and broadcast live on YouTube, Cook County Circuit Court Judge Eve Reilly refused to grant a motion brought by McDonald’s to dismiss the case.

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