Legal Question in Disability Law in Maryland
Size Discrimination
To what extent could it be considered size discrimination, when places such as restaurants, sports arenas, banks, movie theatres, airplanes etc... do not provide seating in which a large person (read fat) can sit? Would it make a difference if the building is partially or fully funded by city, state or national funds?
A second part of this question, is it legal for an airline to charge full farefor a second seat for a large person? Keep in mind the large number of people who spread out over 2 seats, or their kids lie down, and they are never charged.
1 Answer from Attorneys
Re accommodation for seating of obese persons
You must consult a local attorney. I seem to remember a case along the same lines as yours, ie, about a obese person requiring two seats in a theatre and/or a plane. The attorney will be able to search for it on his or her computer. I do want to add that obesity -- at least in Mass -- is not a "protected class" but here and there efforts are being made to recognize discrimination on the ground of obesity.If it's any solace, that form of discrimination certainly does exist, but the law has not in all jurisdictions recognized it as a form of discrimination.Good luck and don't give up seeking an accommodation. Not every one is Twiggy!
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