 | Fat man demands civil rightsdcgere | September 12, 2011 at 3:38 pm | Tags: White Castle | Categories: Culture War, Health Care | URL: http://wp.me/pKuKY-9kI |
- Just wants to sit like a "normal" person
Man Sues White Castle for Uncomfortable Seating Arrangements
"They're stationary booths," he told The Post. "I'm not humongous, [but] I'm a big guy. I could not wedge myself in." Mortified and in pain from smacking his knee into one of the table's metal supports, Kessman limped out of the restaurant, and later penned a complaint to corporate headquarters.
"As I looked around the restaurant, I saw that there were no tables and chairs that could accommodate a person that merely wanted to sit down and eat his meal," Kessman wrote. Kessman claims he has no problem finding a place to take a load off at other fast-food places, and fits easily into airline seats.
White Castle replied with three "very condescending letters" -- and an offer that added insult to injury. "In each letter was a coupon for three free hamburgers -- but the cheese was extra!" according to a lawsuit Kessman filed last week in Manhattan federal court.
But somehow, the humiliation didn't dampen Kessman's appetite for sliders at a discount. "My wife went and picked up the burgers ... because I did not want to set foot into the store," he said. "Any subsequent trips to the store have been made by my wife -- I have been like an outcast."
White Castle also pledged to expand its seats, Kessman claimed. "They sent me specs and everything, about how the booths were going to be enlarged and made comfortable for people with a little more weight," Kessman said. "So two and a half years went by, and nothing was done."
The Rockland County man says the chain's uncomfortable booths violate the civil rights of fat people. The Americans with Disabilities Act (ADA) is "applicable, not only to me, but to pregnant women and to handicapped people," he said. "I just want to sit down like a normal person," said Kessman, who is suing for bigger chairs and unspecified damages.
Kessman could have approached a store manager and asked for a regular chair, said White Castle spokeswoman Jamie Richardson, who had no timetable for the expected renovation of the Nanuet store.
Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." In 2008, effective January 1, 2009, it was broadened and added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as the operation of several specified "major bodily functions."
The definition of "impair" as defined by Merriam Webster: "to damage or make worse by or as if by diminishing in some material respect".
Kessman is purposely impairing his health by choosing to eat as many White Castle sliders as he wants. It is insulting that he hides behind the ADA to protect his "civil rights". Those that are born/end up with true disabilities are deserving of protection. A person that freely chooses to stuff his/her mouth and make themself fat has only themself to blame.
DCG
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