Obese Airline Rights: Canada Court Rules The Obese Have Rights To Two Seats

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First Posted: 11-20-08 11:04 AM   |   Updated: 12-21-08 05:12 AM

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Reuters:

OTTAWA (Reuters) -- Obese people have the right to two seats for the price of one on flights within Canada, the Supreme Court of Canada ruled on Thursday.

The high court declined to hear an appeal by Canadian airlines of a decision by the Canadian Transportation Agency that people who are "functionally disabled by obesity" deserve to have two seats for one fare.

The airlines had lost an appeal at the Federal Court of Appeal in May and had sought to launch a fresh appeal at the Supreme Court. The court's decision not to hear a new appeal means the one-person-one-fare policy stands.

Read the whole story: Reuters

OTTAWA (Reuters) -- Obese people have the right to two seats for the price of one on flights within Canada, the Supreme Court of Canada ruled on Thursday. The high court declined to hear an appeal ...
OTTAWA (Reuters) -- Obese people have the right to two seats for the price of one on flights within Canada, the Supreme Court of Canada ruled on Thursday. The high court declined to hear an appeal ...
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Okay so I use a wheelchair due to a spinal cord injury, so I understand airlines doing a little extra to accomodate folks with a disability. Being fat is, at best, a social disability. It is NOT what I would call a "real" disability, though it can be the cause of other disabilities. Being fat causes your diabetes, being fat causes your emphysema and sleep apnea and high blood pressure, etc.

Corpulence is a CAUSE OF disability, NOT a disability in itself. Medical science has a plethura of methods to treat obesity, from health & nutrition approaches to surgical intervention. Fatties do not have to be fat, they can get very effective treatments. I wish my disability were as easily treated, but I guess that's the difference between their disability and mine.

Final point... roughly half my body does not work, and yet somehow I am not a sweaty lump of lard with straining seams and protesting zippers in my pants, ala the photo for this article. Hmmm, I wonder how I pulled that off, having less body function than most but being in better shape than most. (Hint: eat better, exercise better, it really is that simple and will work for anyone.)

    Favorite    Flag as abusive Posted 05:33 PM on 11/20/2008
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THIS!

    Favorite    Flag as abusive Posted 09:12 PM on 11/20/2008
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Does anyone else ever worry that they will end up being a headless photographic example of an obese person? ha ha ha

    Favorite    Flag as abusive Posted 05:27 PM on 11/20/2008
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lol!!

    Favorite    Flag as abusive Posted 05:29 PM on 11/20/2008
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Eating Chili fries with Gravy!

    Favorite    Flag as abusive Posted 05:30 PM on 11/20/2008
- peachfuzz I'm a Fan of peachfuzz 12 fans permalink
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I imagine that someone sees that and recognizes their own fat.

Without those pics, we would forget what fat people look like.

    Favorite    Flag as abusive Posted 06:01 PM on 11/20/2008
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So being fat is now a disability? What happens when someone gets bumped when there's not enough seats on the plane because the passengers failed to disclose their "special needs" when booking? Crazy world just keeps getting crazier every day.

    Favorite    Flag as abusive Posted 05:24 PM on 11/20/2008

This is ridiculous! Everyone else will end up paying more for fares which are already increasing, and for what, so an obese person can be more comfortable? What's next? A chapel on the plane where people can worship? If they're going to start accommodating obese people, they're going to have to start accommodating everyone else's needs! If you need two seats you should pay for it. And where do they determine obese to begin? We all better start eating more!

    Favorite    Flag as abusive Posted 05:22 PM on 11/20/2008
- bibb I'm a Fan of bibb 8 fans permalink

Obesity is a very harmful health condition, and this ruling can be construed as enabling people whose physical condition is dangerous to their health. I'm not sure that making life easier for extremely overweight people isn't removing another incentive to lose weight. Sometimes, the health risks are not enough incentive, and being inconvienced (such as limiting smoking areas has made smoking less acceptable and assessible) is the key to changing a lifestyle.

    Favorite    Flag as abusive Posted 05:22 PM on 11/20/2008
- tomjones44 I'm a Fan of tomjones44 4 fans permalink

I'm not going to become obese just so that I can get two seats on an airplane

(I understand your point...I just felt like being contrary)

    Favorite    Flag as abusive Posted 05:28 PM on 11/20/2008

Ooo, I will I will!!

/wants that extra seat really bad

    Favorite    Flag as abusive Posted 05:35 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 612 fans permalink
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Surely you're not suggesting people DELIBERATELY become obese, are you?
Maybe you're not aware of the fact that depression is actually a medical condition. Several studies have proven it's one of the leading causes of obesity.

    Favorite    Flag as abusive Posted 05:43 PM on 11/20/2008
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Bibb may not be saying it, but I am. While there assuredly may be medical conditions which CONTRIBUTE to a person becoming obese that person still has to put the food in their mouth. I have never heard of anyone being forced into obesity.

As someone who has suffered with depression my entire life I have much sympathy for those who, like me, find outlets for their depression which are not always healthy. But being rewarded with a free extra seat on a plane for this behavior is simply dumb.

    Favorite    Flag as abusive Posted 05:54 PM on 11/20/2008
- tomjones44 I'm a Fan of tomjones44 4 fans permalink

they waste the gas, they should have to pay for it

    Favorite    Flag as abusive Posted 05:18 PM on 11/20/2008
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And they take up space that the airline could sell to someone else. Remember, the airlines are businesses too and whatever revenues they lose in this process will be passed on to the rest of us in the form of higher fares.

    Favorite    Flag as abusive Posted 05:55 PM on 11/20/2008
- farseer I'm a Fan of farseer 7 fans permalink
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Drunks get sued and pay when they kill someone with their car. They make the choice to get drunk.

Society would reap a big benefit if people were charged for things they can control. BMI is something you can control. it's a measure of how fat you are. We can't control our body build or height, but we can control our cargo of fat. If you wanted to ship 100# of fat in the cargo hold, you would pay for it. Why shouldn't passegers pay the same when they carry it on their stomach? For airfares, weight and seats cost the airline money. The ticket cost shoudl take into account a combination of (a) BMI (Body Mass Index) and (b) number of seats you take up (weight and the extra seat cost the airline money). A healthy person will have a normal BMI and will pay the normal fare. A person who is fat will have high BMI - let the ticket price reflect it.

For health insurance BMI, smoking, and excessive drinking should raise your insurance rates.These steps would cause people to exhibit healthier behavriors, benefitting society.

    Favorite    Flag as abusive Posted 05:16 PM on 11/20/2008
- rigormrtis I'm a Fan of rigormrtis 13 fans permalink
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BMI is not that accurate. Michael Jordan was close to obese according to the BMI

    Favorite    Flag as abusive Posted 05:55 PM on 11/20/2008
- fcsakes I'm a Fan of fcsakes 85 fans permalink
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An individual comes up to the ticket counter to purchase a ticket and at what point do they happen to mention they need an extra (free) seat? Surely the onus isn't on the ticket person to ask, "so, do you need two seats for the price of one?" Seems a bit awkward and there is always the possibility of an ugly pc confrontation if the obese person doesn't see themselves as needing more room. (so many delicate little chairs get broken - she was always a tiny woman until, oh well, she still sees herself that way)...

"I feel about airplanes the way I feel about diets: It seems to me that they are wonderful things for other people to go on." - Jean Kerr

    Favorite    Flag as abusive Posted 05:10 PM on 11/20/2008
- Atac I'm a Fan of Atac 8 fans permalink

I do think fat people are easy targets to be made fun of... but I don't agree with this at all. If someone is disabled, then I can see the airline needing to accomodate that person.

but if they are fat because they eat too much and don't take care of themselves, they can fork over the extra dough.

    Favorite    Flag as abusive Posted 04:59 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 612 fans permalink
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"if they are fat because they eat too much and don't take care of themselves, they can fork over the extra dough."

Nobody WANTS to be fat just for kicks. Depression is often the cause of obesity and yes, it's a medical condition.

    Favorite    Flag as abusive Posted 05:21 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 612 fans permalink
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Nobody WANTS to be f.at just for kicks. Depression is often the cause of obesity and yes, it's a medical condition.

(I'm so tired of huffpo singling me out for no-no words than everyone else can freely post...)

    Favorite    Flag as abusive Posted 05:22 PM on 11/20/2008
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Amanda, your point is understood by all. But the fact that depression MAY CONTRIBUTE to some people's obesity does not justify this stupid ruling.

    Favorite    Flag as abusive Posted 05:57 PM on 11/20/2008
- flifishun I'm a Fan of flifishun 4 fans permalink

Who determines obesity?

    Favorite    Flag as abusive Posted 04:59 PM on 11/20/2008

Okay I'll volunteer for this one. I will be happy to take responsibility for determining what "obese" is, as long as everyone else agrees to abide by my decree.

    Favorite    Flag as abusive Posted 05:13 PM on 11/20/2008
- farseer I'm a Fan of farseer 7 fans permalink
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Body Mass Index (BMI) is a reasonable measure of it. A certain level of BMI indicates obesity. According to wikipedia: "[Obesity] is commonly defined as a body mass index (BMI = weight divided by height squared) of 30 ... or higher. This distinguishes it from being overweight as defined by a BMI of between 25–29.9 ..."

    Favorite    Flag as abusive Posted 05:28 PM on 11/20/2008

Do you think passengers would have to declare their BMI when they purchase a seat?

    Favorite    Flag as abusive Posted 05:36 PM on 11/20/2008
- Topfeeder I'm a Fan of Topfeeder 35 fans permalink

Duh. Bloggers. Obvsly.

    Favorite    Flag as abusive Posted 05:58 PM on 11/20/2008
- gwhizz I'm a Fan of gwhizz 20 fans permalink
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In this particular case, whether their backside fits into one seat is the deciding factor. No charts, tables, medical or psychiatric diagnosis necessary.

    Favorite    Flag as abusive Posted 02:30 PM on 11/21/2008

This is great, I have to pay between $80 and $100 to fly my cat, in a carrier, under the seat. Someone who is obese and needs two seats doesn't have to pay for it. Then my cat should be able to sit on the seat instead of having to be in a carrier under it, at least the airline is getting money for the seat as opposed to rewarding someone for being fat.

    Favorite    Flag as abusive Posted 04:56 PM on 11/20/2008

what if your cat is obese? can it take a people seat then?

    Favorite    Flag as abusive Posted 05:33 PM on 11/20/2008
- Topfeeder I'm a Fan of Topfeeder 35 fans permalink

Eat your cat. Problem solved.

    Favorite    Flag as abusive Posted 05:47 PM on 11/20/2008
- rigormrtis I'm a Fan of rigormrtis 13 fans permalink
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Or have the obese person eat your cat.

    Favorite    Flag as abusive Posted 06:18 PM on 11/20/2008

I didn't even think of this issue! That is totally correct. The same also with kids nowadays: In the 'old days' you could have them on your lap (bad idea, I know), but now you need to BUY a second seat for the little tyke, and need to get a car seat or other airline-approved seat.
So.... You have to pay for your pet and your tiny tyke, neither of which would take up a whole seat, but as an obese person you get to claim TWO seats for the price of one.

    Favorite    Flag as abusive Posted 06:56 PM on 11/20/2008
- btanner I'm a Fan of btanner 6 fans permalink

I'm a liberal who doesn't believe in entitlements. I don't think obese people are entitled to two seats.

    Favorite    Flag as abusive Posted 04:53 PM on 11/20/2008
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This is completely ridiculous. The airlines are already nickel-and-diming their paying passengers for excess baggage charges while reducing services (like meals). If they are forced to absorb the cost of the obese seat hogs, then the rest of us end up paying for those seats through higher fares.
This is opening Pandora's Lunch Box.

    Favorite    Flag as abusive Posted 04:49 PM on 11/20/2008
- LaurieLee I'm a Fan of LaurieLee 2 fans permalink

I have very long legs. I now feel untitled to free upgrades. It's only fair.

    Favorite    Flag as abusive Posted 04:46 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 612 fans permalink
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I'm vegetarian. I get special food on airlines.
Do you think I should pay more?
How about those expecting Kosher food?
It sure raises costs...

    Favorite    Flag as abusive Posted 04:50 PM on 11/20/2008

You may get special food but you are paying for it just like the rest of the people eating on the plane. As a matter of fact, you are probably paying more for your meal since, as a rule, vegetarian meals will not cost the airline as much as meals that contain a meat item. So you are actually paying more without realizing it.

    Favorite    Flag as abusive Posted 04:59 PM on 11/20/2008
- LaurieLee I'm a Fan of LaurieLee 2 fans permalink

I don't care about a nominal few cents for airline food. Let's face it, the airlines should have larger seats and charge more. Or do people expect the larger seats/fewer passengers at the same prices?

    Favorite    Flag as abusive Posted 06:34 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 612 fans permalink
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Sm.okers get special rooms in hotels that non-sm.okers would never accept. That means higher costs = higher price for non-sm.okers. Do we make sm.okers pay more? And how about special food on airlines. It does raise costs. Do you we make those who eat Ko.sher, vegetarian, salt-free etc. pay more? Where does this end?

BTW, I'm not f.at and I don't smoke.
I am a strong advocate for g.ay rights as well. Guess what. I'm not g.ay.

    Favorite    Flag as abusive Posted 04:34 PM on 11/20/2008

Obese people takes up more space and more weight. Just like they charge extra for your check-ins, it is along their line of reason to charge obese people for a higher fare.

Think about this, can you carry an extra ton of stuff onto the plane and not pay extra? The nature of the airline business charges by weight, it has nothing to do with "stripping" obese people of rights.

Your smoker example doesn't make sense because you are comparing apples to oranges. In fact, smokers are getting their 'rights' stripped because they put out a harmful substance around them. They can't smoke on most flights, they are getting kicked out of most public places, and their are confined to some small room at airports. I'll be #%^*ed if I have to breathe in the second-hand smoke and get lung cancer as a bonus.

    Favorite    Flag as abusive Posted 05:13 PM on 11/20/2008
- AmandaBC I'm a Fan of AmandaBC 612 fans permalink
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Smokers get special hotel rooms at no extra cost.
Vegans get special food on airplanes at no extra cost.
Same goes for Je.ws, people on a low-sodium diet etc.

    Favorite    Flag as abusive Posted 05:40 PM on 11/20/2008
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