A 290-pound man has decided to sue the White Castle fast food chain for unspecified damages. Martin Kessman said he cannot fit into the booths at their restaurants. He believes that the undersize seating problem is violating the Disabilities Act.
White Castle has small seating, according to Kessman. “They’re stationary booths,” he said. “I’m not humongous, but I’m a big guy. I could not wedge myself in.”
A total of three complaints were filed by the Kessman, and each time he was offered a free White Castle hamburger. He said that the drawings for the new seating were shown to him two and a half years ago, but nothing has been done about it.
Kessman says that the failure to accommodate his needs violate the civil rights of overweight people. He says that the Americans with Disabilities Act is “applicable, not only to me, but to pregnant women and handicapped people.” He says he has no problems sitting down at other fast food restaurants or onboard aircraft.
“We have chairs available for people rather than having them sit in booths,” White Castle spokesman Jamie Richardson said. “We try to cover all of our bases. We were surprised by the lawsuit.” Richardson added that Kessman could have simply asked for a regular chair.