Legal Question in Discrimination Law in Missouri

Too Fat for the Batman

I was recently at a very popular theme park in Missouri. I waited in line for over an hour to get on a ride. When I got there i tried to get in the seat, but the shoulder harness wouldn't latch because i am a heavy set person. Anyway, the female operator rolled her eyes at me and laughed. She then made me get off the ride. The rest of my day was prety much ruined because I was in a bad mood and afraid to get on other rides for fear of embarassment. I am still upset about the actions of the people at this place and i basically wasted money for two tickets and the transportation to get down there. Not to mention that I was very embarassed about the situation. I just needed to know if I can sue them for their actions or their policies. Thank you.


Asked on 7/28/02, 11:09 am

2 Answers from Attorneys
Kevin Linder The Linder Law Firm

Re: Too Fat for the Batman

You definetely have a case and if you don't already have an attorney, I would be happy to represent you. Please give me a call

(314)393-2844, ask for Kevin Linder, or e-mail me at [email protected], no one should be treated that way. Sincerely, Kevin Linder

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Answered on 7/28/02, 12:22 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Too Fat for the Batman

While you may have a claim, the value of that claim is probably not particularly high. You can claim emotional distress because you were treated rudely. The park will claim that they were trying to keep you safe, and if they hurt your feelings in that regard, it is just a price of safety. You were not physically injured and I doubt you'll need counselling as a result of this, so that limits your medical damages. Your actual damages are pretty much limited to your transportation and you ticket price. That makes the case a small claims case, in my view.

As someone who is too large for rides himself, I sympathize with your plight. But, having ridden batman, I can tell you that it is really rough on your neck and back, so you might be glad you didn't ride the ride.

If I were representing you, I'd probably send a harsh letter to the park and demand a refund of your ticket price. But that is probably something you can do yourself.

Best of luck to you.

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Answered on 7/28/02, 12:43 pm


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