# White Castle sued by overweight man over seats



## mark handler (Sep 14, 2011)

White Castle sued by overweight man over seats

By Camille Mann September 13, 2011

http://www.cbsnews.com/8301-504083_162-20105346-504083.html

(CBS) - Martin Kessman, a 290-pound New York man who is a devoted customer at his local White Castle, claims the fast-food chain broke promises to make the booths bigger and is taking legal action, according to a report.

Kessman  filed a lawsuit last week claiming the tiny booths violate the civil rights of people who are overweight, reports local station WNYW.

The 64-year-old stockbroker decided to take legal action after he wrote a complaint to corporate headquarters in 2009 saying he hurt himself trying to fit into the booths at White Castle's Nanuet, N.Y. location, reports the New York Post.

Keesman told the Post that he has no problem fitting into seats at other fast food locations as well as airplane seats.

After his complaints, White Castle reportedly responded with three letters that each had a coupon for three free hamburgers. According to the Post, the restaurant also pledged to provide roomier seats, but two years have passed and White Castle allegedly hasn't made the changes.

The Americans with Disabilities Act is "applicable, not only to me, but to pregnant women and to handicapped people," Kessman said, reports the Post. "I just want to sit down like a normal person.


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## Codegeek (Sep 14, 2011)

Maybe if he quit eating White Castle, he might fit in one of their booths.


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## codeworks (Sep 14, 2011)

it never ceases to amaze me how "it's always someone elses fault" an the way to the fix is through the courts. makes me sick


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## rktect 1 (Sep 14, 2011)

Did he use the coupons?


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## steveray (Sep 14, 2011)

This is a "growing" problem in America today.....


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## codeworks (Sep 14, 2011)

yeah, a society of being completely unwilling to accept responsibility for ones own actions


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## Codegeek (Sep 14, 2011)

codeworks said:
			
		

> it never ceases to amaze me how "it's always someone elses fault" an the way to the fix is through the courts. makes me sick


Maybe if we had more judges who would throw out more cases like this, then the trend might stop.  I'm sure somewhere, some attorney will figure out a way for it to be a constitutional right to be overweight; then those of us that continue to work will continue to pay for those on disability because of their weight issue.

Whatever happened to being a responsible individual?  Why does someone else always have to pay for another persons actions?


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## gbhammer (Sep 14, 2011)

Blame it on the toys.

 Better yet he should file suit against the advertiser who created the 'crave' commercials.

  Better yet the DOJ with Michelle's approval should go after him for trying to promote obesity.


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## gbhammer (Sep 14, 2011)

I have been a desk jockey for 6 years. When I was a contractor I had a weight flux between 190 and 210 at 6'2" not to bad.

Now in my early 40's, 6 years at a desk my flux is between 260 and 280. Not good at all. I no longer burn the calories like I used to and I can not in anyway shape or form blame another for my bad decisions. Neither should said gentleman.

Personal responsibility is never easy, and it is never just ourselves we let down.


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## brudgers (Sep 14, 2011)

codeworks said:
			
		

> yeah, a society of being completely unwilling to accept responsibility for ones own actions


   Such as noncompliance with Federal Law.


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## brudgers (Sep 14, 2011)

steveray said:
			
		

> This is a "growing" problem in America today.....


  Before starting an exercise program, you are warned to "Consult your doctor."  But not before sitting down at Golden Coral's endless buffet.


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## gbhammer (Sep 14, 2011)

brudgers said:
			
		

> Before starting an exercise program, you are warned to "Consult your doctor."  But not before sitting down at Golden Coral's endless buffet.


Ah your right they and at least a dozen other places need to be sued, for promoting obesity. DOJ should be involved. If they offered toys there would be a case.


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## mtlogcabin (Sep 14, 2011)

brudgers said:
			
		

> Such as noncompliance with Federal Law.


exactly what federal law has a minimum requirement for the seating size in a booth for a dining establishment.

Some people are always victims


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## brudgers (Sep 14, 2011)

mtlogcabin said:
			
		

> exactly what federal law has a minimum requirement for the seating size in a booth for a dining establishment.  Some people are always victims


   My favorite victims are those of Political Correctness.


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## mark handler (Sep 14, 2011)

http://www.ada.gov/pubs/mythfct.txt

MYTH: The ADA protects people who are overweight.

FACT: Just being overweight is not enough.  Modifications in policies only must be made if they are _reasonable_ and do not fundamentally alter the nature of the program or service provided.  The Department has received only a handful of complaints about obesity


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## alora (Sep 15, 2011)

mark handler said:
			
		

> http://www.ada.gov/pubs/mythfct.txt...


I just can't get past the fact they couldn't add an "a"; it still would be a regular SFN.


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