Obesity & The Law

It seems now days that every time you turn on the news there is an alarming new report about the obesity rate in America. This issue has exploded faster than America's waistline. Everybody has an opinion on whether or not obesity is a disease or if Americans are becoming lazier. Is it that we have just grown accustomed to this fast-food culture & all we need is to be a little more proactive, or has this epidemic been silently brewing for some time? With new regulations and codes concerning what qualifies as being disabled, there is a great debate in our nation about what to do with America's larger citizens.

A new statistic from the CDC this year stated that about 1/3 of all adults in America (33.8%) are obese. A similar stat concerning children and adolescents ages 2-19 says that 17% (about 12.5 million) are obese as well. The CDC also noted that in 2010, no state had an obesity rate less than 20%. A person's weight profile is judged by their body mass index (BMI); meaning the amount of body fat one has. For an adult, being obese in America means you have a BMI of 30 or higher, and those classified as overweight have a BMI of 25-29.

Wit the 2008 revisions to the Americans with Disabilities Act, obese people do qualify as being protected under this legislation. This act promises that there will be no discrimination against those disabled, and equal opportunities and rights in the working environment as well; private or public. The definition of a disability is a physical or mental impairment that substantially limits one or more major life activities of such an individual. From a functional analyst point of view, one could argue that if the rate of obesity continues to grow, we may see a drop in not only production, but a failure in small businesses that cannot compete with larger chains; who can afford to sell more for less. With obesity now under protection, do you not believe that there will be some latent dysfunction beginning to manifest itself?

The reason i chose this topic is that i came upon a news article on Yahoo! that was rather shocking. A 290 pound man in his 60s is suing White Castle Burgers because the booths & fixed seating within the location near him are too small for him to fit. Here is the news report on the situation:

Oversize Man Sues White Castle Over Seats: MyFoxNY.com

Who do you think is to blame here, the man or the company? Do you believe this man is justified in his actions? Is this an adequate case to present in court based on the ADA's guidelines?