Lawsuit: White Castle violating civil rights of the fat

The civil rights of the rotund are being violated daily at a White Castle restaurant in upstate New York, says a stockbroker who’s well-fed up with not being able to squeeze his 290-pound frame into the svelte-sized tables.

I'll gladly sue you Tuesday for a free hamburger today. (from New York Post)

I'll gladly sue you Tuesday for a free hamburger today. (from New York Post)

Martin Kessman, 64, is suing the fast-food chain for chairs that can be moved a belly-distance from the tables and unspecified damages.

“I just want to sit down like a normal person,” Kessman said in a New York Post article.

Kessman says he’s complained about the lack of proper seating for creatures of his girth for more than two years, but all he’s gotten for his trouble is coupons for free hamburgers.

“Cheese was extra,” complained Kessman in the lawsuit filed in federal court.

Kessman, a fan of the No. 2 combo, says he’s suffered physical and emotional pain from his ordeal. His knee was injured from repeatedly slamming it into the unyielding steel table supports at the eatery. And the lack of proper seating has made him feel “like an outcast.”

Instead of filing a lawsuit, Kessman could have approached a store manager and asked for a regular chair, said White Castle spokeswoman Jamie Richardson, according to the New York Post.

86 comments Add your comment


September 14th, 2011
12:00 pm

Ricardo – cut the man some slack?? His favorite is the #2 COMBO — That is not a diet, my friend!

to diet or not to diet

September 14th, 2011
12:05 pm

Most people have a problem with restaurants, but they don’t even think about suing. Some people are to short, some too tall, some people bump the table legs — hey, but we all adjust somehow if we enjoy the restaurant and the food!!!!!!! He must only eat at White Castles, since he is not suing any other restaurants. What a fuddy-dud!!!!


September 14th, 2011
12:11 pm

Is he really fat?


September 14th, 2011
12:45 pm

I am so pleased to read all the comments here that place responsibility on Mr. Kessman where it clearly belongs. Eating SAD (the standard American diet) is what is contributing to the obesity
epidemic. Mr. Kessman might want to take a walk to a grocery store and buy some vegetables, fruit and grains. He can then consume as much of those as he likes and he will effortlessly lose enough weight to be able to fit OCCASIONALLY into a White Castle booth or any other seating arrangement of his choice.


September 14th, 2011
12:49 pm

Another FAT broke unemployed LIBERAL trying to make MONEY any way he can. The sad part about it is that the DAM ACLU is behind him. Why don’t the ACLU give him a 1 yr membership to the nearest GYM. That sure would make him normal….


September 14th, 2011
1:32 pm

First of all, where is his legal medical declaration of disability? Shouldn’t there be established grounds for a lawsuit. I would love to sue some of the people around me just for being so damn ugly and causing my eyes pain… In other words, where does the insanity stop???
Second, his inability to fit into the “booth-style seating” was “extremely embarrassing”…
Yet, his nationally publicized photo above is not embarrassing?
He appears seated to me ~ granted he needs a bib!
Unfortunately, White Castle will probably (with all due respect) cave and put in a ‘Baby Martin’ seat ~ but I hope they don’t.


September 14th, 2011
2:58 pm

he has been eating there sense 1959 …. where has he been sitting at for the late 40yrs. he is just a piece of $%#& that is trying to get some free money…..

Grave Digger

September 14th, 2011
3:24 pm

Gladly replace those normal sized seats with the super-sized coffin he will need tomorrow. Save him a step on his death quest.


September 14th, 2011
9:59 pm

Would you buy stocks from this guy?

Fat man in Georgia

September 15th, 2011
8:34 am

If you look at his picture, you can see he is not sitting up straight in the chair but slouched down so his gut is hitting the table. I weigh the same as this guy and I have no trouble sitting in booths. What a waste of flesh, court time, and even news space.

so true

September 15th, 2011
8:51 am

I agree with all you people sending comments. Why is he suing now, after eating at White Castle for so many years??????

teeed off

September 15th, 2011
8:53 am

This guy just found a way to get money to eat more!!!!!!

read this

September 15th, 2011
8:55 am

Kessman —- I hope you read all these comments, and I hope White Castle does too. No way should you prevail in this lawsuit. I hope White Castle has a darn good “Attorney” to help them out of this silly thing you started.

not so fat

September 15th, 2011
8:57 am

I have seen much fatter people at restaurants – this guy doesn’t look that fat. Where do you draw the line?????


September 15th, 2011
11:01 am

In his own statement “I just want to sit down LIKE A NORMAL PERSON,” he acknowledges that he is not a normal person.


September 15th, 2011
1:46 pm

I don’t know why he just doesn’t get his order to go….and eat at home. Or does he eat them and go back to work smelling like onions and the fat he just injested. I always get them to go. What a Fat Ass.
Another Scheme to make get a buck, or should I call it Scam.


September 15th, 2011
3:40 pm

Get this tub of lard a couople of free sliders,an order of nails, and a diet coke, he’ll go away!!


September 15th, 2011
3:42 pm

With a name like Kessman, he’s probably a sue happy jew. He had a talking scale, but sued it for using profanity whenever he stepped on it to check his weight. OY!!!


September 16th, 2011
12:32 am

He is lucky he can get a W.C.!!!!!!!!!!!!!!!!!!
I haven’t had one since I was a kid which is over30 yrs!!!!!!!!!!!!!!!!!!


September 16th, 2011
9:21 am

Well lets see, we have the right to say stupid things, do stupid things and just plain being stupid. So where does this fit? Gee, a 69 cent Burger and someone is complaining. This kind of reminds me of the Burger Chomper in the Popeye Comics. Oh well, we all have our own agenda and I guess they will give Him a few bucks to shut Him up and then we can read on to something else of humour? Gotta Love this Freedom of speech we enjoy.. LMAOL Ya my spelling sucks, sorry.

[...] The world’s most frivolous lawsuit. Personal responsibility is [...]


September 19th, 2011
12:52 pm

If he wins and they move the seats farther away from the tables, I’m going to sue for having to sit uncomfortably at the edge of the seat just so I can reach the table! Skinny people have to be accomodated too! :-)


September 19th, 2011
1:34 pm

I have not read all the responses but a vast majority of them tend to restore my faith (a little) in America. It is a sad and sorry nation when courts will hear lawsuits based on emotional distress over self-inflicted injury.

Maurice Nelson

September 19th, 2011
2:04 pm

Dude I mean REALLY…Stop using the table being too small to justify you bing a fatso. I have no problem at ALL with people that are overweight. You shouldn’t be at White Castle anyway because I know you probably have health problems from being overweight. The doctor probably told you to cut out some foods. Now being the fact your at White Castle that’s telling me you didn’t listen to him/her. So should the doctor sue you for being hard headed?? GET WITH IT BRO LOOSE YOUR WEIGHT AND DON’T BLAME OTHER PEOPLE CAUSE YOU CAN’T SIT IN THE DAMN CHAIR CAUSE YOUR GUT IS TO FREAKING BIG!!


September 19th, 2011
3:58 pm

Who the hell do the majority of you think you are?What gives you the right to talk crap about someone you don’t even know?It sounds like most of you need some serious personality adjustments,at least it is possible to lose weight,a crappy attitude will take longer to adjust.


September 19th, 2011
8:32 pm

Ok. You chose to eat there. Choose to eat elsewhere. Being fat is not a disability. Stop trying to make it one.

Just Me

September 19th, 2011
11:34 pm

I think that 99% of you are jerks. Diets don’t always work. I am overweight due to medical conditions and medications. I diet and exercise but it doesn’t help. I can’t lose the weight. Did any of you jerks stop to research that there are reasons for obesity? I can tell by your comments that you haven’t. Like somebody said before, weight can be lost but your ugly, jerky attitudes and personalities can’t.

Thomas Jones

September 20th, 2011
12:52 am

The idiots we have in this country and I’m not talking about Martin Kessman. If you people had this type of passion when it come fighting higher cost living, Govt bailing out big banks and things of that nature we would be in a much better places.


September 21st, 2011
1:15 am

I hope White Castle reconsiders their offer of a “regular chair.” He would surely break it.


September 21st, 2011
1:29 am

TAX FAT…….TAX FAT……..TAX FAT!!!!!!!! the solution to the National Deficit……

Lard @$$ take a hike - literally

September 21st, 2011
7:48 am

Is this for real? I have a novel idea…go exercise and stop eating fatty foods! Why not try a salad or a veggie burger! Take your big lard @$$ to the gym instead of WC and sit on a weight bench!!

It is not the responsibility of a restaurant to cater to your weight gain by providing better seating. Sit on your oversize couch in the den in front of the telly like you normally do.


September 21st, 2011
12:20 pm

There’s a comment above from “david,” who says, “Another FAT broke unemployed LIBERAL trying to make MONEY any way he can. The sad part about it is that the DAM ACLU is behind him. Why don’t the ACLU give him a 1 yr membership to the nearest GYM. That sure would make him normal….”

I’m sure that most people who read david’s comment will dismiss it. And even I, without knowing david, would give him the benefit of the doubt, assuming, based on his writing style, that he is just an ignorant person.

Or, david may be deliberately lying, seeing an opportunity to smear the ACLU, for whatever may be his reason.

Either way, david needs to stop and check himself before he hits the “Submit” button. He needs to either check his facts so that he doesn’t accidentally accuse ACLU falsely, or he needs to check his principles and stop his lying.


September 21st, 2011
12:47 pm

Well, in the article it mentions he is a stock brocker. I guess his investments are just not paying off like they used to so he see’s another money stream, his obesity and White Castle.

If he wins this suit I shudder to think what comes next. There is no personal responsibility left in America. We can all blame another for our actions and win big money. I do not agree in stripping access to the courts, but I do believe that people who file suit becuase they expect the world to conform to their lifestyle should be made to pay the cost of defending the suit, the cost to the taxpayers to pay for the judge, and courtroom personnel to hear the suit, etc.

Time to sit in a booth

September 22nd, 2011
12:03 pm

Maybe all of us rotund individuals should get together and make it a class action suit. Better yet, lets put White Castle in a financial hurt and work on losing weight.

Abercrombie & Fitch outlet

December 11th, 2011
11:13 pm

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February 24th, 2012
7:30 pm