At this years SDS conference, a panel presenter suggested that they might
use the ADA to fight fat oppression in the U.S. I do not know how to reach
those individuals but thought perhaps folks on this list might pass on the
results of a recent proceeding here in Canada. This report is from today's
Toronto Star. Lilith
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Oct. 23, 05:32 EDT
Obese Calgary flyer loses bid for price break
Discomfort not evidence of disability, Can. Transportation Agency says
Judy Monchuk
Canadian Press
CALGARY - The Canadian Transportation Agency has dismissed the complaint of
an obese Calgary woman who argued her size was a disability and that
airlines shouldn't make her pay extra for a larger seat.
"Being unable to fit in a seat should not be enough evidence of the
existence of a disability as many people experience discomfort in the seat,"
the agency said in a decision released Wednesday.
Calgary law professor Linda McKay-Panos, who described herself in documents
as "morbidly obese," launched the process in 1997 after having to pay Air
Canada for 1.5 seats because of her size.
Two members of the three-person panel found that while McKay-Panos had
physical limitations, she was able to check her luggage and reach the
boarding gate like the majority of Canadians.
Prior to her complaint, Canada's Transportation Act had never specifically
addressed who was disabled.
In December, the panel ruled obesity was not a disability and that airline
carriers do not have to provide extra space for free. Individual complaints
would be examined.
Neither McKay-Panos nor her lawyer were available for comment.
A lobby group for Canada's airline industry disagreed with the panel's
conclusion that many people are cramped in their seats.
"People who are obese are uncomfortable because the seats are not designed
for that kind of extreme," said Cliff McKay, president of the Air Transport
Association of Canada.
McKay said Canadian airlines are providing more space per seat than other
carriers around the world, but could not be specific. He said regional jets
tend to have less space because of the type of airplane used on short hauls.
"We believe we've been doing a relatively good job," McKay said from Ottawa.
"I'm not going to tell you that if you're sitting on an aircraft for a long
time, for example trans-Atlantic, that you don't get a bit uncomfortable."
An expert on obesity appealed to the airline industry to look at expanding
seat size to ensure more comfort for larger people — noting that some people
cannot physically fit into an economy-size seat.
"I'm making as plea to the airline industry to have individual
considerations," said Dr. David Lau, president of Obesity Canada, a
non-profit group whose members include doctors, dieticians and health
organizations.
"When you have a 500 pound person, unless the armrest can go up, that person
cannot physically fit into the seat," said Lau, who was an expert witness at
the hearings.
"You can cram a seven-foot person into an economy class seat."
Air Canada allows obese passengers to purchase a second seat at 50 per cent
of the full economy fare within North America.
But the discounted price is often higher than the excursion fares that many
passengers pay.
One in two adult Canadians is considered overweight or obese.
Two other obese people have filed complaints with the Canadian
Transportation Agency since McKay-Panos raised the issue.
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