I loathe dining places where seats are nailed in so they cannot be moved, I'm 6'4 and 220 pounds and in many cases, they were designed for smallish people.
He's going to have to prove that it was a health issue that caused him to get that big, and not just his own lack of self control. If he's at White Castle, I'm guessing it's the latter.
I loathe dining places where seats are nailed in so they cannot be moved, I'm 6'4 and 220 pounds and in many cases, they were designed for smallish people.
I understand where you're coming from, but I don't think it's the same for this guy. My first reaction was to think this guy needs to fuck off. If you're so overweight that you can't sit in a booth at a restaurant at least have the decency to accept responsibility for it. Don't try to pass the blame onto them.
Problem already solved. Now he can continue to gain weight at the rate he is accustomed to.
I do love how he explains that he fits in airline seats just fine - doesn't mean that the people next to him are comfortable though. I've had the opportunity to sit next to a fellow who spilled over into my seat once.
So he keeps going to the same place that has chairs that are too small for him. Instead of doing ANYTHING sensible he decides to fucking sue them because it "violates the rights of fat people?"
He could just take it to go, or he could just I dunno, not fucking eat there anymore. NOPE! GOTTA GET WHATS MINE!
Seriously, this lawsuit could risk that particular location and the jobs of the people who work there. Actual people who probably don't have a lot of options anyway could potentially lose their already shitty jobs because some fat asshole thinks he's been wronged?
Be god damn thankful you live in a country where you can walk into a place like that and get food for an astonishing low amount of money in under 5 minutes, then move on with your fucking waste of a life.
They will probably just make a deal to make the seats bigger or whatever it is he thinks he needs, toss him some money and pay his legal fees. It would be ridiculous to go to court over this.
Unless WC can show that the americans with disabilities act is not applicable and then it would be a nonstarter. However if a lawyer was actually willing to take this case there must be more bite to it than it seems.
Ok i read some of the facts and what happened was he went there to eat and was unable to use the booths which he says was very embarrassing to him. He wrote letters to the company and was basically given the brush off. So he refused to go back to White Castle if they wanted to eat there his wife got food. But then he was at some meeting with friends and they all decided to go to White Castle and instead of explain his embarrassment he just went along with them. he tried to sit in a booth with his friends which caused him to bang his legs on the metal parts under the table.
Well from what I can tell he is potentially covered by the Disabilities Act. It depends on what the individual courts in the state have said. The real catch here is that a rep of WC wrote back saying that other places had been updated to accommodate people like him but they didn't say when his restaurant would be. So they are aware of the issue and are trying to fix it. That's probably not good for WC.
Well this is the definition section of the ada below. I bolded the parts I thought relevant.Basically if this guys weight keeps him from performing basic every day functions, as weight sometimes does, then he could be found to qualify. I am not sure if it is his weight necessarily that he is using as a basis for this though because he said he bumped his knee on the table underpinnings. It seems more like height is a problem and if the seats can't accommodate a 6 foot man well that is questionable.
The ada does not say that a persons disability has to be beyond their control or unchangeable. Different courts have found different ways though and it is definitely a case by case basis.
As for his case, the only thing that gives him a case, from what I can tell, is that WC basically admitted that the problem existed and failed to fix it within a year. Usually the standard for the kind of thing is a "reasonable amount of time" is a year reasonable? It's up to the court. So the jury, if it actually came to that, would have first decide if he fit under the ADA if he doesn't case dismissed. If he does then they must decide the liability of WC for violating his rights under the ADA then assign damages. I really don't see a jury being sympathetic to him even though after reading the facts it sounds a lot better than that news article made it out to be.
(i) The phrase physical or mental impairment means—
(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine;
(B) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
(iii) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having an impairmentmeans—
(i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation;
(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity as having such an impairment.
(5) The term disabilitydoes not include—
(i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(ii) Compulsive gambling, kleptomania, or pyromania; or
(iii) Psychoactive substance use disorders resulting from current illegal use of drugs
"Only in America", I guess... I mean, I admit being in that weight range (but reducing, down 20 pounds, yay!), but I wouldn't even dream of suing a restaurant for too small seats.
Just what constitutes "public entity" for the purposes of the act?
White Castle's big mistake was admitting they had done anything to other locations. makare would certainly know more than I, but to these untrained eyes, that opened them up to liability.
The restaurant have already accommodate the customer by offering other location with larger seating, extra chair and probably other stuff we are not aware of and this guy still wanna sue?
I am not sure if overweight would be consider disability. If it was the case, he better be on some therapy program or something to help him lose weight or I don't think he has a case in court.
I know of a very morbidly obese woman who is on disability and they don't require her to lose weight. Now I don't know if she has a medical reason for her weight but from my assessment I am thinking it is behavioral.
I know you guys would like it to be the case that someone be forced to change if they can with regards to the ADA but it really doesnt seem that that is the case.
I am too fat for booths. I get take out.
This case sounds more that WC said hey we'll do X and he's dissatisfied they did not follow through or something but i'm tl;dr.
