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  #1  
Old 09-13-2011, 04:24 PM
panache45 panache45 is offline
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Suing White Castle: A lesson in "cause and effect"

Man sues White Castle because he's too fat to fit in the booths.

Although I also have a weight problem, I have no sympathy for this guy. Rather, I'd be embarrassed to step foot in the place again . . . or at least sit in the booth.

He now sends his wife to White Castle. To do what, sit in the booth for him?
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  #2  
Old 09-13-2011, 04:28 PM
Bricker Bricker is offline
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From your link:

Quote:
He is suing for bigger chairs and unspecified damages because he says the eatery is violating the Americans with Disabilities Act.
Does the failure to provide for plus-size people violate the Americans with Disabilities Act?

I honestly don't know.

But if it does, then I'd say the problem is with the Act, and not Mr. Kessman.
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  #3  
Old 09-13-2011, 04:36 PM
Rachellelogram Rachellelogram is offline
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As a chubster myself, some restaurants' booths are uncomfortably tight and regrettably non-adjustable. I haven't failed to fit into one... yet... but my solution is to go through the drive-thru, or, better, to patronize an eatery with larger booths. Their loss is another restaurant's gain.

I've found that in particular, steakhouses, Italian restaurants, and sit-down tex-mex restaurants seem to have significantly larger booths than fast food places. 'Cause EVERYTHING'S bigger in Texas (and Italy), right?
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Old 09-13-2011, 04:46 PM
Hampshire Hampshire is offline
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If he's sucessful with his lawsuit how would this carry over to the airlines?
Could they be sued for not providing large enough seats?
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  #5  
Old 09-13-2011, 08:08 PM
JoelUpchurch JoelUpchurch is offline
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Quote:
Originally Posted by Hampshire View Post
If he's successful with his lawsuit how would this carry over to the airlines?
Could they be sued for not providing large enough seats?
As I recall some airlines are requiring passengers to buy a second seat if they don't fit in a single seat, but I haven't flown recently, so I can't verify that . I'm fat myself, but I don't necessarily disagree with them, but I tend to just look for a better deal rather than a lawsuit. It isn't like I fly at all if I can avoid it. I just get an aisle seat whenever possible.

Last edited by JoelUpchurch; 09-13-2011 at 08:09 PM.
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  #6  
Old 09-13-2011, 08:14 PM
appleciders appleciders is offline
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The linked article lists his weight at 290 pounds, which isn't that big in American obesity terms. It also notes that his issue is that he repeatedly knocked his knee on metal supports under the table. I'm not sure what that has to do with his weight, to be honest, so I'm not sure I understand exactly what the deal is.
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  #7  
Old 09-13-2011, 08:46 PM
Dewey Finn Dewey Finn is offline
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Most restaurants have regular tables in addition to booths. So why not just sit at one of them?
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  #8  
Old 09-13-2011, 09:02 PM
Guinastasia Guinastasia is offline
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Or why doesn't he just stop going to White Castle all together? Seriously, maybe this is an omen, or something, dude.
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  #9  
Old 09-13-2011, 09:05 PM
JRDelirious JRDelirious is offline
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It's White Castle. Comfortable accommodations is not what they sell.

Quote:
Originally Posted by JoelUpchurch View Post
As I recall some airlines are requiring passengers to buy a second seat if they don't fit in a single seat, but I haven't flown recently, so I can't verify that . I'm fat myself, but I don't necessarily disagree with them
The formal term at Southwest, the archetype of that policy, is "a customer of size". And yes they do, ostensibly, when it actually leads you to inutilize the next seat -- you can ask for a refund if the plane was not sold out (i.e. if you didn't bump anyone)
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  #10  
Old 09-13-2011, 09:07 PM
AlienVessels AlienVessels is offline
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Quote:
Originally Posted by appleciders View Post
The linked article lists his weight at 290 pounds, which isn't that big in American obesity terms. It also notes that his issue is that he repeatedly knocked his knee on metal supports under the table. I'm not sure what that has to do with his weight, to be honest, so I'm not sure I understand exactly what the deal is.
As a male in that size ballpark, I'd guess he may be slouching to fit his gut under the table top which means his knees are further in.

I suspect he thinks he has an issue because he thought he got agreement from management that they would address the problem.

Given the number of obese people, it just seems like a bad business decision not to accommodate a substantial subset of your market. Certainly not worthy of a lawsuit.
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  #11  
Old 09-13-2011, 09:42 PM
silenus silenus is offline
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Fuck him. If you can't fit in the booth, either dump the lard or use the drive-thru. Being a fat-ass is mostly a choice. Suck it up or stay home.

I've got one hell of a gut myself, and it is my own damn fault. If a booth is too tight, I take it as a sign that I ought to eat a few more salads and a few less fast food sliders.
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  #12  
Old 09-13-2011, 10:15 PM
Guinastasia Guinastasia is offline
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At the very least, wouldn't you think he'd be organizing a boycott? Except he's still patronizing them, he's just having his wife buy the food for him.
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  #13  
Old 09-13-2011, 10:23 PM
lindsaybluth lindsaybluth is offline
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Quote:
Originally Posted by rachelellogram View Post
Their loss is another restaurant's gain.
I don't even need to add a punchline.
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  #14  
Old 09-13-2011, 10:31 PM
Euphonious Polemic Euphonious Polemic is offline
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Quote:
Originally Posted by Guinastasia View Post
At the very least, wouldn't you think he'd be organizing a boycott? Except he's still patronizing them, he's just having his wife buy the food for him.
But if he boycotted, he'd probably lose weight, which would then enable him to fit in the booth at White Castle, thus defeating the whole purpose of the lawsuit, which is (of course) to make money.
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  #15  
Old 09-14-2011, 02:37 AM
Meyer6 Meyer6 is offline
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Quote:
Originally Posted by AlienVessels View Post
Given the number of obese people, it just seems like a bad business decision not to accommodate a substantial subset of your market. Certainly not worthy of a lawsuit.
Problem is that having the seating farther from the table is uncomfortable for other patrons. I hate when booths are set up like that and you have to practically perch on the edge of your seat in order to eat, and I'm hardly a waif myself.

I suppose White Castle could have some small booths and some large booths. Maybe special 'customer of size' booths with some kind of symbol on them to distinguish them from the regular booths. I'm sure that would work out.

I get that it sucks to be uncomfortable, but I agree that it is nothing to sue over.
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  #16  
Old 09-14-2011, 03:04 AM
AlienVessels AlienVessels is offline
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Originally Posted by Meyer6 View Post
Problem is that having the seating farther from the table is uncomfortable for other patrons. I hate when booths are set up like that and you have to practically perch on the edge of your seat in order to eat, and I'm hardly a waif myself.
The typical solution as mentioned earlier in the thread is tables with chairs. And even with booths, having the table somewhat adjustable is also a solution. Often only a couple of inches is enough to make room. Of course, there's always going to be someone that won't fit, but you can accommodate more of the bell curve, especially one skewing heavy.
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  #17  
Old 09-14-2011, 08:56 AM
tdn tdn is offline
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He should spend less time eating sliders and more time enjoying the harvest moon.
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  #18  
Old 09-14-2011, 09:07 AM
Agent Violet Agent Violet is offline
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i'm not a stick figure but this whole thing about fat people suing over the fact that the rest of the planet may not accomodate their fat ass is ridiculous.
if you're too fat to fit in the booth...perhaps you should consider losing weight.
if you're too fat to fit into one seat on a plane...perhaps you should consider losing weight.

being fat and suing bc you're uncomfortable due to your fatness is stupid. it was your choice to be a lardass and it's your choice to stay that way or do something healthy to remedy the issue.
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  #19  
Old 09-14-2011, 09:09 AM
lorene lorene is offline
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Quote:
Originally Posted by Hampshire View Post
If he's sucessful with his lawsuit how would this carry over to the airlines?
Could they be sued for not providing large enough seats?
I think the airlines should also sue White Castle, for "making" people fat.

Quote:
Originally Posted by Meyer6 View Post
Maybe special 'customer of size' booths with some kind of symbol on them to distinguish them from the regular booths. I'm sure that would work out.
This is an excellent idea. They could have a picture of a customer of size getting stuck in the booth, and then have a red circle with a slash through it.

No one steal that idea. I'm gonna go work on the prototype right now.
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  #20  
Old 09-14-2011, 09:13 AM
Agent Violet Agent Violet is offline
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Quote:
Originally Posted by lorene View Post
This is an excellent idea. They could have a picture of a customer of size getting stuck in the booth, and then have a red circle with a slash through it.

No one steal that idea. I'm gonna go work on the prototype right now.
wait...then they'd sue bc they're being segregated and singled out. and you'd have to make sure the person of size in your picture doesn't resemble ANY particular ethnicity bc they'd sue for that as well.
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  #21  
Old 09-14-2011, 09:17 AM
Dewey Finn Dewey Finn is offline
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I was in a fast food restaurant last week. There were disabled stickers on a couple of the tables with freestanding chairs (i.e., chairs not bolted to the floor). So someone in a wheelchair could sit at that table after the chair had first been moved away. Similarly, the guy in the OP could move the chair further from the table. I don't know if White Castle has similar tables, but that would make his suit moot.
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  #22  
Old 09-14-2011, 09:24 AM
gwendee gwendee is offline
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Quote:
Originally Posted by appleciders View Post
The linked article lists his weight at 290 pounds, which isn't that big in American obesity terms. It also notes that his issue is that he repeatedly knocked his knee on metal supports under the table. I'm not sure what that has to do with his weight, to be honest, so I'm not sure I understand exactly what the deal is.
If he goes to the White Castle on Fordham Road in The Bronx, I have whacked my knee on those very same table supports. I saw stars just reading this. Of course this was years ago. It never crossed my mind to sue... And I wasn't nearly this fat, then.

I guess the fact that he was assured they'd be adjusted is cause for him to be upset, but really. There's a restarant near me that makes food I enjoy, but it has a metal ceiling and all hard surfaces. I can't abide the level of noise in there. I don't go there. I didn't contact the management, or sue them for non-compliance. I just don't get it. I think if you're going to manufacture a law suit you should at least go to the trouble of fake injuring yourself.

Patronizing White Castle is not a right that's been infringed upon. What loss has he suffered that a court needs to remedy? I hope (well, really I hope it's thrown out before it goes before a judge, but...) that the judge verbally spanks him, and he leaves with nothing other than instructions to go through the drive-thru.
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  #23  
Old 09-14-2011, 09:32 AM
Brandus Brandus is offline
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Or fat people could just, you know, eat less.
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  #24  
Old 09-14-2011, 09:36 AM
Agent Violet Agent Violet is offline
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when will they start fining lawyers who bring frivolous lawsuits to the attention of the court? will there ever be a set of guidelines detailing what the court will/will not consider lawsuit worthy?

the court systems are so backed up from idiots suing over the tiniest slight they feel they were dealt that the court of law barely has time to focus on the truly important things.
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  #25  
Old 09-14-2011, 09:41 AM
Dewey Finn Dewey Finn is offline
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Without a judge actually hearing a case, how can you say that a suit is frivolous? The famous McDonald's hot coffee suit sounds frivolous if you hear the rough outline (woman sues because of overly hot coffee) but less frivolous once you read the details, particularly the multiple previous instances of burns due to the coffee and the extreme temperature at which it was served.
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  #26  
Old 09-14-2011, 09:43 AM
Muffin Muffin is offline
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1. Squeeze him into a booth, then let him sit there, wedged in, without feeding him for as long as it takes for him to lose enough weight to get out of the booth.
2. Charge him for enrollment in the weight loss program, and charge him for use of the booth.
3. Profit!
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