Earlier quoted context omitted.
I could easily see a judge regarding the conversation over a drive thru speaker as not a public space and more like a telephone call.
Edit: Apparently some states do ban non-consensual audio recordings in public: https://www.dmlp.org/legal-guide/massachusetts-recording-law The laws prohibiting these recordings have neither been upheld nor overturned by the US Supreme Court.
You can want things to be black and white but litigators are going to argue.