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Obese win right to two-for-one airline seats

By Dan Karpenchuk

Posted November 21, 2008 10:00:00

Canada's highest court has upheld a ruling that obese and disabled people have the right to two seats for the price of one on domestic flights.

The Supreme Court rejected an appeal by Canadian airlines that opposed giving two seats for the price of one to people who were disabled or functionally obese.

Buses, trains and ferries have long stopped charging passengers in similar situations.

The original ruling came from the Canadian Transportation Agency which argued that airlines were discriminating against some passengers because they were charging them an extra fare for taking more space - either they were obese or needed the space for a wheelchair.

The ruling means obese people will now be charged only one fare and if a disabled person needs an attendant to travel with them, that attendant travels free.

The ruling takes effect in January.

Tags: courts-and-trials, air-transport, canada

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Comments (113)

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Christian:

21 Nov 2008 10:33:21am

For disabled people, I think the wheelchair should be free, but why should the attendant travel free?

For the fat people, this is just insane.

I'm really quite tall, there often isn't enough leg room in economy class for me to sit without my knees jammed against the seat in front of me.

Does that mean I should get a free upgrade to business class so that they aren't discriminating against tall people?

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Pen Pal:

21 Nov 2008 10:38:25am

I agree it is appropriate for disabled people, but sorry, not obese people without a medical report.

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Brad:

21 Nov 2008 10:39:26am

Airlines should charge passengers by weight, same as they do for cargo. The amount of fuel used, hence the cost of operating the flight, is directly proportional to the weight carried.

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Bertrand:

21 Nov 2008 10:42:12am

Fair enough for the disabled people, but obese people? This is ridiculous.

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ezzy:

21 Nov 2008 10:42:40am

interesting what the world (Canada) is coming to when it comes to obese people.........
disability is a different thing

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Neal:

21 Nov 2008 10:44:20am

I can understand a person in a wheelchair being entitled to some preferential treatment in these circumstances, but fat people? It's their own fault they are so obese they take up so much room. Why should airlines have to subsidise the laziness of fat people?

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Pravda:

21 Nov 2008 10:46:17am

Perhaps we could get our High Court to rule that Qantas has to provide two seats to all passengers, because a person of normal height and weight can barely squeeze in to the current configeration on Qantas flights

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twobob:

21 Nov 2008 10:50:32am

Pretty sucky ruling
Effectively this means that airlines must now increase their ticket prices to account for the lost revenue of seats occupied by excessively fat people.
Translated that means that people who are not excessively overweight now have to pay for the obese on busses, trains, airlines and in hospitals.
What a wonderful world

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emmy:

21 Nov 2008 10:53:23am

I wonder if this will create a precedent that entitles tall people to be given seats with more leg room, eg. in business class.

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Bob:

21 Nov 2008 10:55:51am

Nothings really free - ultimately if one person doesn't have to pay, the other passengers are paying for them.

Being a frequent traveller, I see people wheeled on to aircraft and happily walking off them. Presumably this will encourage people to travel with an attendant.

Theres a difference between discriminating and paying for what you use.

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Karl Marx:

21 Nov 2008 10:56:12am

Clever cunacks? Some of the air companies will not survive and for this cost recovery the rest of the travellers have to subsidize it.
Canada used to progressive country.

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Robert:

21 Nov 2008 10:56:29am

As with human rights, basic economic rights as declared by the UN, and especially with indigenous peoples' rights, Canada is way ahead of the game! Cheers and applause!

Now with rights for the disabled, the light is beginning to shine. I hope Australia can follow suit and help lead the way for a better world for the disabled.

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Boggs:

21 Nov 2008 10:57:11am

I would prefer very obese people be given an extra seat free, rather than them deliberately or involuntarily sequestering half of my space when they are seated next to me.

On several occassions they have even raised the dividing armrest, and my complaints to cabin crew have fallen on deaf ears.

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James:

21 Nov 2008 10:57:44am

Having sat next to morbidly obese people on flights before, I see this as a double edge sword. On one hand, at least these people will get the space they need and won't be spilling over into my seat, which is what currently happens.

On the other hand, it is normalising obesity and saying that "we will adjust to accomodate you" rather than the other way around. Maybe the airline should pay for a personal trainer to the value of the seat, rather than giving them 2 seats! I guess the airlines are already doing their bit for dieting with the cardboard food.....

It seems that preventable and non-preventable diseases are being mixed up in this ruling. Obviously people in wheelchairs are not in a position to do anything about their problem and definately should be allowed to bring an attendant. *Some* obese people may fall into this category, but most do not.

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chuck:

21 Nov 2008 11:00:36am

does that mean they get two Meals?

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shayne:

21 Nov 2008 11:06:36am

ridiculous.

the sooner being obese becomes as socially unacceptable as being a smoker, an alcoholic or drug addict the better. this ruling just does the opposite and is saying it's ok to be disgustingly fat.

there's no excuse for failing to put the fork down.

i hope this never happens in this country, but i bet it does.

you should get on the scales when you get to the airport with your bags, and pay by the kilo.

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Rob:

21 Nov 2008 11:09:32am

Like other writers, I am a tall person. It has now got to the stage that it is a painful experience for me to travel in economy class my legs are so crushed into the seat in front of me. If I ask airline staff for a exit row they usually just laugh and say everyone wants one.

It is discrimination, but nobody seems to care.

For me it means that unless I can afford to travel Business class this discrimination against tall people by the airlines is preventing me from traveling by air.

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bemused:

21 Nov 2008 11:10:05am

The charge is per seat. If they need 2, then they should book 2. It's like saying I drink more than other people so when i buy a drink they should give me 2.

I wonder if that means all bed companies need to give me a free upgrade so my feet don't hang off the end...

I aknowledge not all obese people are that way because they don't take care of themselves, some people are just unlucky genetically. But as has been pointed out many times, does that mean I should get a free upgrade so I get leg room?

Fingers crossed they slowly start making planes with bigger seats instead. I wouldn't mind subsidising obese people if i receive the same amount of space they do...

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Jenny:

21 Nov 2008 11:10:41am

All well and good, but I'll be willing to bet that the airlines won't be absorbing the cost and plane fairs will be increased for all.

I agree that disabled people should be entitiled to preferential treatment, but find it hard to accept that obese people should.

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Banksia:

21 Nov 2008 11:12:22am

When booking my next domestic flight I might say I'm obese so I get a free seat next to me so I can spread out a bit.

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Adrian:

21 Nov 2008 11:12:24am

The airlines have long been totally obsessed about charging extra for any baggage that exceeds their allowance, yet charge the same for a seat for a 50kg teenager as for a 110kg rugby player.

Perhaps they need to lower their charges for a seat and charge per kilogram for the passenger plus their luggage.

As for this ruling, does this mean that tall people or people with long legs can now force the airlines to provide them with leg room?

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Brian:

21 Nov 2008 11:13:03am

This is a daft ruling by the Canadian Supreme Court. The world is on an anti-discrimination bender; behaving as if ALL forms of discrimination are wrong.
I'm fat and I find airline seats uncomfortable. But I should eat less and exercise more and not expect companies and societies to pay for my lifestyle choices.
If people are obese through no or little fault of their own (eg, congenital defect or intellectual disability) then sure, they shouldn't be discriminated against.
People in wheelchairs should also be cut some slack but that should be on a case-by-case basis using medical reports and laying down some industry standards following talks with disability advocates and government.
But for regular fatties (and that's most of us) who simply don't lay off the fries, chocolate and Coke, then no we should face the consequences of our behaviour.
Of course, a canny airline would recognise the business potential in all this and offer "super-sized" seats for a premium. Given the rocketing rate of obesity I'm sure many would pay a little extra for more space.

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ian:

21 Nov 2008 11:16:21am

I am quite obese, and am on a disability pension, I want to work but can't find an employer who doesn't discriminate against me because I am obese.

I think it discrimination against people because they are obese should be made unlawful, irrespective of the form this discrimination takes.

I can squeeze into an economy seat but need the second armrest raised and the extension strap and I can not use the tray in the back of the seat in front of me.

As to someone needing two economy seats, an obese person that big will be hard pressed to get to the seat as the iles in aircraft are very narrow.

As to the comments made here by people who are opposed to this ruling, they are bigotted.

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Robert:

21 Nov 2008 11:18:27am

Well.... for all those people railing against this policy for the obese (and for those who made comments about very tall people also), I suspect this ruling is not so much to give free seats to the fat, but to put the airlines, well, all service providers, on notice that they are legally obliged now to provide "comfortable seating". Why not? They are charging enough.

Those companies that try to jam as many seats on a plane to maximize revenues, will now have to decide that they can't go too far and cram people in like sardines - yes, even tall people are going to need comfy seats now. How tragic..

Interesting though to read all these bitter responses about fat people being given freebies. What a caring society - makes your heart warm doesn't it?

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Round Objects:

21 Nov 2008 11:18:40am

Agree. Airlines have been behind the times for a while. Much obesity is usually in the genes but I would wonder what the definition of "obese" would be?

Makes me wonder though with regards to recent news, what kind of a reception one would one expect to receive if a functionally obese & disabled person wearing a birka would receive when going through security? They would have to queue up 2 days before they flew!!! Is a wheel spoke a weapon?

What is a disgrace is looking at the levy charged at airports by governments & airlines to fly - way over the top. For example, $3.00 credit charge levy per flight, $8.00 to book in baggage, $16.00 for a fuel surcharge (Melb to Bris. = per flight) when oil is now back to US$50.00 per barrell, $20.00 for security issues (don't travel with liquids!). Thats about $3600 for a full flight of people to the government. And the airports - $95.00 to park for 4 days!

I would say there's spare cash & profits to allow a free seat here & there from our governments & corporations.

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jase_:

21 Nov 2008 11:20:23am

Sweet. I'm so going fat.

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daviddude:

21 Nov 2008 11:22:06am

So does that mean I will only have to pay half a fare for my kid? He will only take up half a seat

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beejay:

21 Nov 2008 11:23:28am

it is ridiculous to allow obese people the entitlement of a free seat, unless they are 'disabled'.
What is next?

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Billie:

21 Nov 2008 11:29:05am

It should be noted that some people are medically obese, and it's not a case of 'putting down the fork'. This is not so in every circumstance, but broad generalisations such as 'all obese people are just lazy and eat too much' annoy me. Some obese people are in fact disabled, and can't do anything about their weight/size. For others, yes, it is a "lifestyle disease". A distinction should be made between the two.

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Obese win right to two-for-one airline seats

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Comments (113)

Christian:

robbi64:

John R:

Flea:

L:

the pope:

bemused:

Pen Pal:

John R:

Derridian:

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Brad:

kevinisaspunk:

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Felix:

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mark:

John R:

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Daniel:

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pedro:

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chalkie:

MickR:

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Neal:

Obeena:

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JC:

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Pravda:

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ian:

Bertrand:

Daniel:

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Neal:

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emmy:

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Billie:

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Jon:

Derridian:

G:

Derridian:

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James:

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