Editorial: Outsizing the disabilities act
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Martin Kessman, a 290-pound stockbroker from Rockland County is suing White Castle under the Americans with Disabilities Act because he's too fat to sit in its booths to eat the burgers that will only make him fatter. That makes about as much sense as suing Led Zeppelin to demand that its rock shows be much, much louder because, thanks to the deafening effect of attending too many Led Zeppelin shows, you can no longer hear the band perform.
Kessman alleges that the chain, known for its small, square and onion-infused burgers sold by the sack, is violating his rights.
It's easy to dismiss Kessman's suit as just more of the pointless litigiousness of which Americans are so fond: He alleges that booths at the store in Nanuet are too small to fit in. His attempts to do so were painful and it was "extremely embarrassing to have to experience in front of a restaurant full of customers."
The company says folding chairs are available for patrons who can't fit in booths, which is a reasonable accommodation.
Chubbiness is not actually a disability and Kessman, according to the suit, still eats White Castle burgers brought home by his wife. But suits like Kessman's are worse than silly. They give rise to accusations that the ADA, which has made real strides in bettering the lives of the disabled, is a laughable inconvenience. In fact, when properly implemented, it's actually a significant piece of civil rights legislation. hN
