Kessman vs. White Castle
I imagine many of you have already seen the following vid, or a version thereof…
Oversize Man Sues White Castle Over Seats: MyFoxNY.com
Yup. Martin Kessman is indeed suing White Castle over their seating, under the ADA (Americans with Disabilities Act).
IMHO, this is a frivolous lawsuit… particularly since I doubt the ADA actually covers Mr. Kessman’s complaint. I’m no legal scholar, but if my reading of this Congressional report is correct, the ADA provides only “limited” protection for obesity, as it defines “disability” as…
“…a physical or mental impairment that substantially limits one or more of the major life activities of the individual [such as walking or working]…”
Personally, I doubt Mr. Kessman’s size limits any of his “major life activities,” including eating at White Castle – an activity he’s reportedly maintained for 52 years. At 290 pounds, he’s a big guy, but – unless he has some underlying medical condition – his size alone does not appear to constitute an impairment… particularly since, according to a White Castle spokeperson, he could have asked the store manager for a chair. If the store did not refuse to serve or accomodate him, then it’s tough to see the discrimination.
Personally, I think White Castle’s seating arrangements are ill-considered – it’s a business, after all, so it would be in its best interest to provide seating that’s roomy enough for everyone. And I can understand Mr. Kessman’s frustration with the brush-offs he received from the company brass. But seriously: since he admits he has no problems at other restaurants, the obvious solution was to tell White Castle to shove off, and take his business elsewhere. This is what I – and I think most sensible people – would do.
