Supersized Everything: A Big Fat Lawsuit {On a Soapbox}

Disclaimer

I should probably start with a disclaimer of sorts. This post may step on a few folk's toes; rub some the wrong way; and ruffle a feather or two.

So, here's my disclaimer: I have been many sizes in my life, ranging from so tiny that the smallest sizes I found were too big and my mom had to take them in to well, let's just say, not small. I understand how difficult it is to lose weight having tackled that task many times, and I realize that it's sometimes out of the control of a person due to side effects from medications, illness, etc.

 

Frivolous Feud

I found this lawsuit to be ridiculous and overly litigious. This lawsuit is not really about overweight people. Look closely and you'll find it's really about a cantankerous, sour, unhealthy man.

Back in 2009, a portly gentleman, Martin Kessman, went to his favorite White Castle burger joint in Nanuet, New York, ordered his sack of aforementioned burgers and went to choose his seat. Upon noticing that there were only booths with affixed seats and no tables and chairs, he attempted to wedge himself into a booth to enjoy his meal.

Apparently, his protruding belly made this a difficult task. He left angry and embarrassed. This gentleman wrote a letter to the corporate office, demanding that White Castle do something about this issue. He said they sent back a letter saying they intended to remedy the problem and sent coupons for free burgers. They say they sent him a letter with the locations of other White Castles in the area that are equipped with tables and chairs.

Meanwhile, this poor gentleman robbed of his "right" to enjoy his White Castle along with other diners, did not stop eating the beloved steamed burgers, he simply sends his wife to get them for him.

Seeking Damages

Fast forward to September 2011, the disgruntled gentleman has filed a lawsuit against White Castle for failing to provide seating that will accommodate his rotund body. He claims it's not just about him, but also for pregnant women and disabled citizens. He has lodged his legal argument based on his alleged right to have a place to sit and enjoy his meal. Kessman contends that White Castle's seating arrangements infringe on The Americans with Disabilities Act.

So, how big is Mr. Kessman? He states that he's not humongous, weighing in at 290 pounds. The Plaintiff is asking for larger seats and an undisclosed amount of damages for his troubles. Kessman says that he can comfortably fit in other fast food restaurant seating and simply wants "to sit down like a normal person."

Drawing the Line

Sorry. I still say it's overly litigious. What if White Castle granted Mr. Kessman's request for larger seats and then a tiny person... um, I mean a height challenged person comes in and finds that the giant seats are far too large and there is much too much distance between the fixed seat and the table and this person also makes a stink about it? What then? Will White Castle and other restaurants have to have designated seating? "This area for those over 200 pounds." "These tables for those under 5 feet, 2 inches tall." "This section for persons over 6 ft tall." And so on...

And in my opinion being fat is not a disability. I think that to call it a disability is demeaning to those who truly are disabled in some way. Now, I can see where it could be a handicap. Being overweight does make it more difficult to move around, in general, and can make someone feel and look awkward and clumsy. Regardless, this scenario does not make it reasonable to sue a business.

If this lawsuit is allowed to move forward and if Kessman receives damages because he wasn't able to comfortably fit in a fast food restaurant dining booth, then what is the limit? Where do we draw the line? If we each think about it, I bet we could each come up with a way in which we were wronged that comes as close as this case does to being legit.

The Scoop

I've said before, I'll say it again. Our court systems are clogged; our state and federal budgets are stretched to the limits; there are legitimate cases where real civil wrongs have been committed that should go to court, but lawsuits such as this one, waste time and energy and already strained resources {tax dollars}. Mr. Kessman, I have a few solutions to suggest: Take your business elsewhere, go on a No-Fast-Food diet or both. I bet you'd be happier and healthier if you'd drop this whole matter.

He says he was mortified that he couldn't fit into the booth properly. Well, I wonder how he feels now with all of the media attention that he brought upon himself? Over and out...

Anna

Comments

[LoveFeast Table]

Well said!
~k