1. Sue, Or 2. Eat In Your Car
These are the choices that come to mind if the seat at your favorite fast food restaurant is not big enough to accommodate your 290-pound gut.
This being the Litigious States of America, in 2011, I'm sure you know what Martin Kressman chose, and...DING! DING! DING!...Yes! Sued White Castle under the Americans with Disabilities Act.
Kathianne Boniello writes in The New York Post:
"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.
...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 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.
Yes, he could have, but then what would he sue over?







Living in a car?
Crid [CridComment at gmail] at September 12, 2011 10:39 PM
Brits.
Crid [CridComment at gmail] at September 12, 2011 10:41 PM
Why the heck would I want to make accommodations for decadent fat people? And yes, that includes me to some extent. If I cannot lose my weight, like I'm trying to, why the hell should I have to accommodate ME???
mpetrie98 at September 12, 2011 11:04 PM
While it's ludicrous to consider his "civil rights" have been violated, and White Castle is under no obligation to change its restaurants ... I'd do it if I was CEO.
This is your customer base. Not willowy supermodels; not rope-thin marathon runners. And Americans are not likely to start getting skinnier any time soon. On the next remodel, installing seats that accommodate people of 290, 350, 400 or even 500 pounds would seem the way to go.
One of the few seriously "off" notes in the movie Idiocracy was that the junk-food-consuming Americans 500 years in the future were all our current shape and size. The studio and the insurance company would never have allowed it, but a movie where everyone except Luke Wilson was 500 or 600 pounds would have been truer to the concept.
Kevin at September 12, 2011 11:21 PM
I'm 6' 6" and probably about 90 pounds heavier than I should be (over 300 lbs), and I can still fit in the default chairs in just about every restaurant in the country. Hell, I still fit in an airline seat (and I'm even down about 30 lbs on the Eades plan :) ).
This clue free couch potato should go on the 'Richard Jeni' diet (not a video tape, not an audio tape, just some duct tape to put over the mouth to keep the ice cream from getting in).
Sounds like this idiot should quit going to eat at white castle until he gets his fat ass down to a 'normal' weight.
There are some who call me 'Tim?' at September 12, 2011 11:36 PM
When I was internet dating, I deliberately choose places with fixed seating like this for the initial coffee meeting. If you told me you had a "slim to medium build", which is stated I was looking for, and you were not comfortable squeezing into a booth, your lie was exposed.
Kevin has it right, though. These are the people I would want in my restaurant.
Steamer at September 13, 2011 5:49 AM
This is so absurd. If the entire world conforms to fatassness, what motivation will people ever have to lose weight? I don't own "fat clothes". My clothes start getting tight and uncomfortable, I step up my game. No other choice. It works well. Friends I know who own wardrobes in 4 different sizes are up and down all the time. Up more than down.
I'd love to see White Castle stand their ground on this, but they won't.
momof4 at September 13, 2011 5:53 AM
Amy Alkon
http://www.advicegoddess.com/archives/2011/09/13/1_sue_or_2_eat.html#comment-2477770">comment from momof4I hate when businesses don't.
There are ways in which I don't fit into the world that well -- for example, I get seriously carsick on a road with more than two curves. I even got carsick while we were driving around Washington, D.C., and had to sleep in the backseat while Gregg was left to talk to bums in a park!
So...say there's a bus to San Francisco that takes a windy route. Should the bus have to take a different route just to accommodate me...or should I maybe be the one who's put out and put my carsick ass on a plane? (Do poorly on those on landings and in turbulence, but I almost always make it to the gate without hurling if I put my head down, hold my pressure point on my wrist, and breathe. It helped, on the way back from the ev. psych conference in Binghamton, that Steve Platek, whom I've quoted in my column was sitting across the aisle from me on the tiny plane. It's just not a view I want to give people of me -- me with my head in a bag, hurling...the thought of that kept me from losing it...but just barely!)
Amy Alkon
at September 13, 2011 6:00 AM
I agree with Amy, suing is crazy and it makes me wonder if he went in there looking for trouble. At my local gym we just had a person come in and pull a stunt like that to get attentiion. It's a womens gym and she whipped out boob in the middle of the child care area in front of older children. When she was offered a more secluded spot to nurse, she went nuts and started an online hate camaign against the gym. She went so far as to get a protest together in front of the gym. We know it was a set up bc she had only been a member for ten days. Trust me, as a long time member, I have seen plenty of nursing mothers but none that felt the need to display their boob to the whole gym.
Kevin is right too, though. This type of person is the restaurants target demographic, so from a practical perspective they should think about making future stores " fat friendly". The choice should not be forced on them as a result of a lawsuit. There is too much government in too many areas of our lives. I recommend reading Mark Steyn's new book "After America: Get Ready for Armageddon". It has me all fired up.
Sheepmommy at September 13, 2011 7:32 AM
@Kevin: Wall-E depicted the future people as grossly obese slobs riding around on hovering scooters in their space resort...
Some of the only good advice I've gotten from my mother in law is that the best way to keep from getting fat is to NEVER START gaining weight. If you gain a pound, get it off now. Don't wait until it's 10 pounds and you go up a size.
Anyway, agree with those who say this isn't a violation of his civil rights, but if I had a burger joint I'd work to make sure my big customers could sit and inhale all the food they wanted.
ahw at September 13, 2011 7:32 AM
@crid: British Top Gear is at least a thousand times better than American Top Gear.
ahw at September 13, 2011 7:35 AM
I suspect this guy is in the middle stages of BBW syndrome. I've known several people who are grossly overweight yet think themselves to be more attractive than the average in-shape person.
A case in point: one of my neighbors is a single thirty something anesthesiologist. The guy has a beautiful home, all the cools toys and cars, and a bevy of 20-30 year old women in his life. A friend of my wife who is a 60 year old woman that can best be described as looking like Meatloaf with orange hair wanted my wife to introduce her to him, and describes herself as "a hot cougar".
I'ts an interesting delusion- any idea why a person could/would delude themselves to such an extent?
Eric at September 13, 2011 7:40 AM
Amy Alkon
http://www.advicegoddess.com/archives/2011/09/13/1_sue_or_2_eat.html#comment-2478139">comment from Eric"A hot cougar" -- perhaps she was thinking of the size and weight of the car.
Amy Alkon
at September 13, 2011 7:52 AM
I'm serious though- I just don't get how someone could be so out of touch with reality that they think they can compete so out of their league. Kinda like when you dream about being a center in the NBA.
Eric at September 13, 2011 8:41 AM
Well if the ADA is like other federal statutes, it provides attorneys fees and punitive damages, and so incentivizes this kind of litigation. See, by stepping up to the plate he's a "hero" to the disabled.
carol at September 13, 2011 9:24 AM
I'ts an interesting delusion- any idea why a person could/would delude themselves to such an extent?
Have you heard of Susanne Eman, the Arizona woman who's on a quest to become the fattest woman of all time? Yes, she's real, and she has the online "gainer" community in thrall.
She's taken her photos off her website (probably to sell them), but if you Google her name, you'll find lots of stories about her. Here's her Twitter feed with her picture at the top:
http://twitter.com/#!/susanneeman
Kevin at September 13, 2011 9:27 AM
If he wants to just sit down like a normal person, he should try losing some weight. I've been going to PT for my broken shoulder and you wouldn't believe a) the number of really really fat people with back and knee problems wasting the therapists' time (drives the therapists crazy too as they told me) and b)the whining about want to be normal again but the unwillingness to sacrifice (by eating less or suffering the pain of therapy, take your pick) to get back to normal. I'm the star patient at the moment because I actually care less about how much it hurts so long as I do get better. No one is going to wave a magic wand for you. Sheesh.
Catherine at September 13, 2011 9:52 AM
This guy weighs only 290 pounds. If White Castle rearranges their seating to accommodate him, there's nothing stopping a 550 pound slob from slapping them with an even fatter lawsuit because the new XL seating is still too small for him. And if they compromise by setting a few tables in the back of the restaurant aside for fatsos, he'd probably be tempted to sue for discrimination (segregating obese customers to the designated fatso table in the back of the restaurant would be like segregating blacks to the back of the bus, in his mind).
I'm wondering what the optimal seating configuration is for a restaurant's bottom line. The obese are still a minority in most places, the morbidly obese an even smaller minority. I know that if a restaurant was always packed with wall-to-wall blimps, I'd be less likely to eat there.
Martin at September 13, 2011 10:13 AM
"And I live....in a van...down-by-the river!!!" - Matt Foley
http://www.youtube.com/watch?v=3nhgfjrKi0o
Feebie at September 13, 2011 10:30 AM
>>"I just want to sit down like a normal person"
You're not a normal person. Put on the big-boy pants and stop crying to lawyers.
lsomber at September 13, 2011 10:44 AM
Actually, the Richard Menu diet was "Stop eating, you fat bastard!"
He was hilarious. His Elvis/anal sex joke...classic.
Our loss that he's no longer here.
DrCos at September 13, 2011 11:02 AM
That would be Richard JENI. Stupid auto-correct on the touchpad.
"Tonight, I'd like to show you how to make Duck A L'Orange. I'd also like to have a three way with Martha Stewart and Cindy Crawford, but let's face it, that's not going to happen either."
And the whole "Jaws 4" thing was utterly classic.
DrCos at September 13, 2011 11:05 AM
I don't believe the guy. I work with two guys who are well over 290 pounds. One is built like a linebacker, the other is simply obese. Both manage to squeeze into booths just about everywhere we eat.
I think the guy bashed his knee like many of us have done and immediately decided it was his weight, not simply being clumsy.
Joe at September 13, 2011 11:30 AM
So the man had a complaint about not being able to sit in his favorite restaurant, and TWO AND A HALF YEARS later is still waiting for the restaurant to do something? Wouldn't his time be better spent trying to drop weight? Also, I'm not a small girl (I'm BBW LOL) and pregnant and I have no problems fitting into any restaurant booths. I have sincere doubts that he's 290.
Oh by the way, BBW is gorgeous because you can't tell anyone that they are unattractive, or god-forbid fat. That's why Amy gets so many critiques about "working with what you have" and trying to look as attractive as possible. You should be able to sit on your ass day in and day out and someone should love you because your ass decides to resemble the couch. As someone who needs to lose weight, I hate the BBW trend, with plenty of elementary school children already starting to be "BBW".
NikkiG at September 13, 2011 11:48 AM
He wants White Castle to remake every booth so it is able to accommodate the morbidly obese?
Ever sat in a booth that can accommodate the morbidly obese? I have. I could barely reach the table. It was like being back at the kiddie table.
It's probably not a good business model to force your adult customers relive the worst aspects of their childhood family reunions.
Conan the Grammarian at September 13, 2011 12:07 PM
The problem in the restaurant with the booths is a lot easier to fix than people are making out to be. All they'd need to do is stick a sturdy chair and a single-person table in the corner, without changing the booths at all. Voila, they've accommodated the few people that come in who are too large for the booths.
That being said, people sue for way too much these days. This guy actually did fit in the booths, it was just "uncomfortable" and he "banged his knee on the table leg". If he really didn't want to use the booths, he can eat in the car, or take it home. Or do what he's doing now.
I notice that despite him suing the company, he still eats there. He just sends his wife to get the food instead of going himself.
Sarah at September 13, 2011 12:25 PM
I'd probably fit in a booth at White Castle, but sadly, there aren't any near me so I've never been to one. I don't see why restaurants can't be designed to accommodate both tables & chairs and booths. I run a business and I'd never make a promise to a customer that I didn't intend to keep, so I don't understand why they told him they would change the booths and then do nothing. I think the law suit could have been avoided if White Castle kept their promise.
RE: "Deluding yourself" and "dating out of your league."
I'm a short, fat, middle-aged woman with a face meant for radio but my husband is a tall, slim, handsome, 10 years younger snowboarder who loves me exactly as I am.
I don't fault people who seek slim and fit partners and although you might find this hard to believe- not everyone is attracted by appearances. I can't choose who to be attracted to. It's all about chemistry. Age, height, weight, and other physical attributes are just irrelevant.
Vix at September 13, 2011 5:44 PM
If this isn't nuisance litigation, than it doesn't exist.
Iconoclast at September 13, 2011 6:11 PM
Vix, you are so practical. It is refreshing.
And +10 for "a face meant for radio" - Funny! I'm not beautiful either. Also, no White Castles near me. Or snowboarders! Boo!
Pirate Jo at September 13, 2011 7:40 PM
Conan already brought this up, but I have to second the opinion that the booths meant for obese people are awful to sit in when you're not obese!
I hate when I have to sit on the very edge of the seat just to reach the table, and I can't lean back into the seat comfortably.
Angie at September 14, 2011 12:46 PM
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