{"id":5347,"date":"2011-09-16T05:30:15","date_gmt":"2011-09-16T03:30:15","guid":{"rendered":"http:\/\/blog.ultimatefatburner.com\/?p=5347"},"modified":"2015-02-14T17:36:58","modified_gmt":"2015-02-14T22:36:58","slug":"kessman-vs-whitecastle","status":"publish","type":"post","link":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/kessman-vs-whitecastle\/","title":{"rendered":"Kessman vs. White Castle"},"content":{"rendered":"

I imagine many of you have already seen the following vid, or a version thereof…<\/p>\n

Oversize Man Sues White Castle Over Seats: MyFoxNY.com<\/p>\n

Yup. Martin Kessman is indeed suing White Castle<\/a> over their seating, under the ADA (Americans with Disabilities Act)<\/a>.<\/p>\n

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<\/a> is correct, the ADA provides only “limited” protection for obesity, as it defines “disability” as…<\/p>\n

\n

“…a physical or mental impairment that substantially limits one or more of the major life activities of the individual [such as walking or working]…”<\/p>\n<\/blockquote>\n

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.<\/a>\u00a0At 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.<\/p>\n

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.<\/p>\n

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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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[17,24,28],"tags":[632],"_links":{"self":[{"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/posts\/5347"}],"collection":[{"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/comments?post=5347"}],"version-history":[{"count":4,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/posts\/5347\/revisions"}],"predecessor-version":[{"id":8582,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/posts\/5347\/revisions\/8582"}],"wp:attachment":[{"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/media?parent=5347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/categories?post=5347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ultimatefatburner.com\/ufb-blog\/wp-json\/wp\/v2\/tags?post=5347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}