A 290-pound self-proclaimed White Castle addict has filed a lawsuit against his fast food chain of choice because, he claims, their seats aren't built to accommodate a person of his size.
Martin Kessman, a New York stockbroker, said he filed the suit in Manhattan federal court after his local White Castle failed to increase the size of their booths after they repeatedly promised to do so. Kessman's conflict with the chain began after he received an unpleasant surprise after sitting down to eat his usual No. 2 combo meal in April 2009.
They're stationary booths, he told The New York Post. I'm not humongous, [but] I'm a big guy. I could not wedge myself in.
Plaintiff Alleges He Could Not Squeeze Into Seat
Kessman said he smacked his knee into one of the table's metal supports while trying to squeeze into the seat, and then limped out of the restaurant, humiliated. He then wrote a complaint to corporate headquarters but received condescending responses.
In each letter was a coupon for three free hamburgers -- but the cheese was extra! according to the lawsuit.
Kessman insisted the problem is not his size. He claims he has no problem finding a comfortable place to sit at other fast-food restaurants and fits easily into airline seats.
Despite his conflict with the company, Kessman said he was unable to give up his cravings for discount sliders. He reportedly sent his wife out to pick up his meals because he was too mortified to set foot inside the restaurant.
Although White Castle allegedly sent Kessman a letter claiming they had plans to expand their seats, he said the company has not made any changes. Moreover, he claims White Castle is violating the civil rights of overweight and obese people because the Americans with Disabilities Act is, applicable, not only to me, but to pregnant women and handicapped people.
I just want to sit down like a normal person, he said.