[Chinchilla of Doom]

Overweight man sues White Castle over booth size

Wow. I would say 'I can't believe this', but honestly, I can. And it is rather ridiculous. The article quotes him saying "I just want to sit down like a normal person." Well, get out there and run. I do find White Castles response a little rude though, they sent him coupons for their burgers. I'm just curious what other people think of this, do you agree with him?

[bobthecockroach]

The status of the ADA with regards to obesity does not seem to be well defined yet.

The best I can find is a appeals court decision from 2006:

"Thus, consistent with the EEOC’s own definition, we hold that to constitute an ADA impairment, a person’s obesity, even morbid obesity, must be the result of a physiological condition." - http://www.ca6.uscourts.gov/opinions...6a0351p-06.pdf

If that is maintained, then I don't think the plaintiff has any grounds to sue, but I could easily see that being overturned.

Even so, the ADA only requires a "reasonable" effort to provide "equal" enjoyment of services. If tables with chairs were available (or even if a chair could've been pulled up to a booth table), it is unlikely the plaintiff could claim any right to a booth. The government's website on the ADA even goes as far as saying that in some cases (existing architecture making it impossible to provide handicap access), providing take-out service constitutes equal enjoyment of services.

I don't think there's anything inherently ridiculous about this. The ADA is vague on the issue, and one way or another, it ought to be settled.

The problem with sensationalist news like this is that it missed the points. The point is whether obesity is covered by the ADA, not whether this particular person should be filing this particular suit.

[Chinchilla of Doom]

Originally Posted by bobthecockroach

The problem with sensationalist news like this is that it missed the points. The point is whether obesity is covered by the ADA, not whether this particular person should be filing this particular suit.

You know, I honestly didn't think about it like that. I guess I should have looked more deeply(if that is how you say it) into it than I did. this article has now become more interesting. Thank you sir.

[Bryan]

i'm sorry, but being fat should not be covered by the ADA. A disability is something you can't change. Being fat is something you can change. You wanna be able to sit down and enjoy white castle burgers in a booth, go to the gym.

Kessman said, "the chain’s uncomfortable booths violate the civil rights of fat people." He said he was "mortified' the first time he went to the Nanuet, N.Y., restaurant and tried to "wedge himself' in a booth and realized he wouldn't fit.

well go to the gym and lose some weight. or, here's a thought, don't eat at white castle.

I remember the first time I went to a restaurant and couldn't fit in the booth. I was embarrassed. But it wasn't the fault of the business, it was my fault. So I lost weight, and while it is still tight, i can fit. And eventually i'll have room to spare.

I have no sympathy for this man. The judge should throw this case out ASAP!

[bobthecockroach]

Originally Posted by Bryan

i'm sorry, but being fat should not be covered by the ADA. A disability is something you can't change. Being fat is something you can change.

Obesity is something some people can change.

Obesity is also something you can change only given enough time. You can "change" a broken leg given enough time by waiting for it to heal, but businesses still have to accommodate people with crutches until the leg heals.

[redbaron]

Most people don't choose to have a broken leg, it's an accident.

It's not an accident that people are morbidly obese. I have very little sympathy for people who are 100+lb overweight and are unwilling to accept responsibility for it. If they're happy being that size, more power to them, but they shouldn't expect people to bend over backwards to accommodate them either.

I watched a guy with a broken leg hobble around on crutches at the grocery store because there weren't any of the power wheelchairs available the other day, and it was because people who's disability involves "unabletoputtheforkdownitis" needed them more. Kind of makes me

[Chinchilla of Doom]

Originally Posted by bobthecockroach

Obesity is something some people can change.

Obesity is also something you can change only given enough time. You can "change" a broken leg given enough time by waiting for it to heal, but businesses still have to accommodate people with crutches until the leg heals.

True, but honestly a broke leg is a little different than being overweight(IMO). I feel I can speak on these two statements, as I have experienced both. I was 250 lbs at one point, and only 5'7", I am now under 200. I have also broken my ankle before. I didn't seek special treatment when I was overweight. There were some things I couldn't do, so I changed that. I didn't eat fast food for 3 months straight at one point, until I was a comfortable weight.

Now I do agree there are some cases where obesity should be covered by the ADA. If a person has Juvenal Diabetes like my sister, being overweight is an issue that is hardly in your control. But if a person is just lazy and likes the taste of grease on there burger(like me at one point in my life) well there is a problem that is their own fault and should receive no benefits, or any special treatment for it.

[bobthecockroach]

Originally Posted by Clasic/Rock_man

Now I do agree there are some cases where obesity should be covered by the ADA. If a person has Juvenal Diabetes like my sister, being overweight is an issue that is hardly in your control. But if a person is just lazy and likes the taste of grease on there burger(like me at one point in my life) well there is a problem that is their own fault and should receive no benefits, or any special treatment for it.

So how do you identify the people who are obese by choice and the ones who are forced to be obese?

The ADA requires accommodation for both the disabled and those perceived to be disabled. It also forbids testing whether people are really disabled. So you can't kick out someone's crutches and see if they can really walk before agreeing to accommodate them.

So if there are any cases where obesity should be treated as a disability, how can you avoid accommodating it in all cases?

[Bryan]

Originally Posted by bobthecockroach

So how do you identify the people who are obese by choice and the ones who are forced to be obese?

The ADA requires accommodation for both the disabled and those perceived to be disabled. It also forbids testing whether people are really disabled. So you can't kick out someone's crutches and see if they can really walk before agreeing to accommodate them.

So if there are any cases where obesity should be treated as a disability, how can you avoid accommodating it in all cases?

but obesity should NEVER be treated as a disability

[adamwagg]

Originally Posted by Bryan

but obesity should NEVER be treated as a disability

What about people with Prader-Willi? That's a clear identifiable disability that leads to obesity, so it should be treated as a disability.

Prader

I've seen a doco where a Prader-Willi suffferer had to be restrained from eating a goldfish out of a goldfish bowl and I know of a kid who at a zoo would eat the food off the ground that was given to the hand-petting animals (after the animals had dropped it...)

Most people who are overweight do not have a disability, but there are some that do.

[Bryan]

Originally Posted by adamwagg

What about people with Prader-Willi? That's a clear identifiable disability that leads to obesity, so it should be treated as a disability.

Prader

I've seen a doco where a Prader-Willi suffferer had to be restrained from eating a goldfish out of a goldfish bowl and I know of a kid who at a zoo would eat the food off the ground that was given to the hand-petting animals (after the animals had dropped it...)

Most people who are overweight do not have a disability, but there are some that do.

24 Hour Fitness | It's time for fitness on your terms | Gyms | Centers | Clubs

[Epaphras]

Due to user complaints, let's check ourselves very carefully in this thread. I'm going to close it soon unless something constructive is brought up. Whether or not obesity should be classified as a disability is a fine debate, but let's not lampoon overweight people here.

[adamwagg]

Originally Posted by Bryan

24 Hour Fitness | It's time for fitness on your terms | Gyms | Centers | Clubs

Did you even read the Wikipedia page? Somehow I think that if it was as easy as getting a gym membership then the health department would get them one. These guys have major mental and physical issues from their syndrome so I don't think assuming that they should just lose weight is right. It feels like telling a depressed person they should just get over it or someone with a broken leg (which plenty of people 'choose' to have by engaging in high risk activity) to suck it up. Sure we could take that approach for all disabilities but we can't decide that one disability doesn't count cause some people with a similar symptom don't have the same root cause.

For those that are overweight through lack of discipline then sure get a gym membership and eat less is fine.

[Bryan]

Originally Posted by Epaphras

Due to user complaints, let's check ourselves very carefully in this thread. I'm going to close it soon unless something constructive is brought up. Whether or not obesity should be classified as a disability is a fine debate, but let's not lampoon overweight people here.

hey, i'm overweight. 293 lbs to be exact. I'm including myself in this. I really have no sympathy for my fellow chubs out there.

[Art]

Originally Posted by Bryan

hey, i'm overweight. 293 lbs to be exact. I'm including myself in this. I really have no sympathy for my fellow chubs out there.

Yep. There's a taco place near here who's booths were too small for me when I was at my heaviest. In the end, they lost my business because I couldn't sit in the restaurant. And I lost their delicious tacos.