Told to buy 2 seats, Exeter woman sues Southwest, claims racial discrimination

[johnnymk]

By KATHY MCCORMACK
The Associated Press


Concord – An African-American woman claims Southwest Airlines unfairly subjected her to its policy requiring large passengers to buy two seats because of her race, a lawyer said yesterday at the start of her federal trial against the airline.

Nadine Thompson of Exeter, president of a cosmetics company, sued Southwest in federal court for discrimination in 2004, saying the company doesn’t uniformly enforce its policy requiring obese passengers to buy two seats.

Thompson, who had flown on Southwest frequently, was on her way to a business conference in Chicago in June 2003 when she boarded her flight at Manchester Airport. Not long after she took a seat in the back of the plane, put the arm rest down and buckled her seat belt, an employee she saw at the check-in counter asked her to get off, Thompson’s lawyer, Neil Osborne, said in opening statements.


Nadine Thompson, president, CEO and co-founder of Warm Spirit Inc. beauty and wellness company in Exeter, is suing Southwest Airlines. (DAVID LANE)
She was told at the plane’s loading bridge she needed to buy a second seat for “her comfort and safety,” Osborne said, even though no one was sitting next to her. At the time, the 5-foot-8-inch Thompson weighed between 300 and 330 pounds, according to court records.

When Thompson asked for an explanation, she didn’t get one. “It was never made clear to her that she was too big to fit in her seat,” Osborne told the six-person jury.

She refused to leave and decided to return to her seat. An employee told her that if she left, Southwest would give her a refund, Osborne said. She declined, but she became increasingly agitated and decided to leave — only to be met outside the plane by a few Southwest employees and two Rockingham County Sheriff’s deputies. At that point, she started yelling at the group, at times using profanity.

“Did you ask me to purchase another ticket because I’m too fat to sit in the seat? Did you ask me to purchase another ticket because I’m a black woman?” Thompson said, according to court records.

Thompson, who got a refund, said she was humiliated and suffered emotional distress. “Southwest just asked me to get off the plane either because I’m too fat or too black or just a woman,” she said to people as she was being led to the ticket counter, according to court records.

Thompson is not challenging the passenger seat policy itself, Osborne said.

“This is not a case about weight discrimination,” he said. “This suit is about the inappropriate application of a policy in a discriminatory manner.”

Garry Lane, a Southwest lawyer, said the airline’s “customer of size” policy, introduced in 2002 in response to “squished customer” complaints and safety concerns about evacuations, wasn’t written clearly at the time. Employees made some mistakes in explaining it, but did not act out of racial bias, he said.

The policy specifically didn’t require Thompson to buy a second seat after she was allowed to board, but employees mistakenly had told her that she had to, Lane said.

“It has to be handled discreetly,” Lane said of the passenger-seat issue. “It’s part of the company’s policy.”

The employees who spoke to Thompson made sure the loading bridge was clear of other customers before they asked her to come out, he said. Also, they had noticed her when she boarded the plane, but found it difficult to judge if she needed to buy another seat without seeing her sit down, he said.

The policy states that a customer of size is someone who can’t sit in a seat without having the armrest raised and is sitting on part of the seat next to him. Lane said the Southwest employees will testify that they saw the armrest up most of the time and that Thompson was sitting on part of the adjacent seat.

Lane said none of the workers ever shouted at Thompson, used profanity or touched her. The deputies, who handle security at the airport, did not handcuff her and helped her make flight arrangements to Chicago via another airline, he said.

Thompson was expected to testify today.

[MikeD]

:nuts:

Here we go again...

:nuts:

[nickel]

Thompson, who got a refund, said she was humiliated and suffered emotional distress. “Southwest just asked me to get off the plane either because I’m too fat or too black or just a woman,” she said to people as she was being led to the ticket counter, according to court records.

i'm going to go with "she's too fat" for $1000 Alex.

i don't agree with her having to be humiliated, embarassed, or not made fully aware of the airline's policy on taking up two seats means you pay for two, BUT don't make this a race thing lady.

[Houdini]

i'm going to go with "she's too fat" for $1000 Alex.

i don't agree with her having to be humiliated, embarassed, or not made fully aware of the airline's policy on taking up two seats means you pay for two, BUT don't make this a race thing lady.

Not only that, but she did decline the refund. Yelling or cursing at the employees and sheriffs was inexcusable. You don't get your way by throwing a tantrum, and it will probably hurt her case in court a lot. Southwest has had that policy for years. She's just playing the race card. Slam dunk for SW.

[blueindian]

i'll say this, we will NEVER know one way or another if the employees in question were acting upon her race or not. but i can testify, from repeated experience, that the airline's rule is not applied consistantly...i've sat beside folks who were "invading" my space with their body a number of times over the past few years.

[Grafalgar]

Ya know, one day I'm going to market a shirt that says simply: "Don't play the race card."

Wonder how it'll do ...

[Memo]

That bitch done acted a fool! But, come on guys, let's not be too hard on her, she may be under emotional stress from contracting the obesity virus! (http://forums.gotapex.com/showthread.php?t=96387&highlight=obesity+virus)

[Houdini]

Ya know, one day I'm going to market a shirt that says simply: "Don't play the race card."

Wonder how it'll do ...


Cafepress used to do that sorta thing. :shrug:

[DarkFury]

Not a race thing... however the question is.. "was she the ONLY obese person on the plane that they asked to leave after being allowed to board the plane".

Too bad we never hear of others who have been asked to leave... and we know that there are obese people of all colors out there.

[mcs328]

I have an idea....I'll make millions!!!!! At the ticket counter or at the gate or whatever have an actual seat from the airplane. If you can't sit in it with the armrest down then guess what?? You need to two tickets beforehand. I hope this cuts down random inconsistent application of the big butt policy but then again it might humiliate those people who are asked to try it out.

[blueindian]

I have an idea....I'll make millions!!!!! At the ticket counter or at the gate or whatever have an actual seat from the airplane. If you can't sit in it with the armrest down then guess what?? You need to two tickets beforehand. I hope this cuts down random inconsistent application of the big butt policy but then again it might humiliate those people who are asked to try it out.


they need to modify the metal detectors. if ou can't walk through without brushing the sides, you get two seats. the problem with obese people, from the perspective of the person beside them, is that they can actually get into the seat they just squish over the armrests and into their neighbors space. just proving that you can squeeze into a seat does not, IMHO, really matter.

[DarkFury]

they need to modify the metal detectors. if ou can't walk through without brushing the sides, you get two seats. the problem with obese people, from the perspective of the person beside them, is that they can actually get into the seat they just squish over the armrests and into their neighbors space. just proving that you can squeeze into a seat does not, IMHO, really matter.
Why not make plane seats BIGGER...

Honestly, they are way too small as is. Even small people feel like "herded cattle" on most full plane trips.

[ProMinx]

because i don't want to pay another $200 each leg of my flight from DC to SD. i'm okay with being miserable for a few hours...so long as i do so without also hitting the poor house.

ps - isn't there any way to slaughter and feed the obese to the starving? maybe start a diet program called "Soylent Lean". Any takers?

[nickel]

Why not make plane seats BIGGER...

Honestly, they are way too small as is. Even small people feel like "herded cattle" on most full plane trips.
bigger seats = fewer seats/plane = less passengers/plane = less tickets sold = less money.

[Grimm]

Why not make plane seats BIGGER...

Honestly, they are way too small as is. Even small people feel like "herded cattle" on most full plane trips.
Because the prices are predicated on fitting a certain number of people on a flight. If less people fit, they have to charge more per seat. hen many people are paying 2x as much for a seat that is bigger than they need. The current policy allows the airline to only charge the people that need more room.

Airlines don't charge the extra seat if there are unbooked seats on a plane. It's not in the 'rules' but they figure that is no one else was using the seat there isn't a reason to charge for it. But in a fully booked flight they can's ask someone to sit in 1/2 a seat because the giant next to them is taking up 1/2 of theirs (especialy when they paid for a whole seat, not 1/2 of one). This isn't inconsistant enforcement, nor is it selective. It's the airline making exceptions whenever possible.

[DarkFury]

bigger seats = fewer seats/plane = less passengers/plane = less tickets sold = less money.
Make wider planes then. :D :heh:

Plus, most folks don't like sittin' in the "b*tch seat" anyways. :heh:

[Cubsfan]

So, if there were two poeple who each had to buy an extra seat, then could they share an extra seat? Most people probably don't need a FULL extra seat, but maybe they could each buy 1.5 seats.

[ProMinx]

you should suggest this to some sort of obesity lobby and see if they try to force it down corporate windpipes. i can see the story now.

"Organization for Corpulent Americans organizes a weeklong protest outside SouthWest corporate offices. Standoff lasts 45 minutes before crafty SouthWest exec imitates pied piper, luring OrCAs away with ice cream truck recording."

[cheapie]

Not a race thing... however the question is.. "was she the ONLY obese person on the plane that they asked to leave after being allowed to board the plane".

Too bad we never hear of others who have been asked to leave... and we know that there are obese people of all colors out there.



you ever watch the show on SWA? they boot people of every color off the planes.

[Burzhui]

Why not make plane seats BIGGER...


Why not lose some ****ing weight and stop being a fatass? Between 300-330 lbs, my A$$! You know she was 229lbs and 11oz

[mcs328]

you ever watch the show on SWA? they boot people of every color off the planes.

It's called Airline I think on the A&E channel. I like the show.

[MikeD]

Why not lose some ****ing weight and stop being a fatass? Between 300-330 lbs, my A$$! You know she was 229lbs and 11oz


:heh:


http://www.buttonsonline.com/herbalife/hb-111.jpg

[ShawnLee]

you should suggest this to some sort of obesity lobby and see if they try to force it down corporate windpipes. i can see the story now.

"Organization for Corpulent Americans organizes a weeklong protest outside SouthWest corporate offices. Standoff lasts 45 minutes before crafty SouthWest exec imitates pied piper, luring OrCAs away with ice cream truck recording."Sad. For as much as I love that acronym, they actually have a National Association for the Advancement of Fat Acceptance. NAAFA. Where they promote rights for the fat.

I'm a big guy, width wise. I can deal with being overweight. I'm happy with it. I'm of the Carlos Mencia mind on this one. If you're going to be fat, be happy and fat. Don't be fat and cry about being fat. If you're not happy being fat, then don't be fat. I understand that some people will never ever be small, but that doesn't mean that they have to be huge. You can be big, but still small enough to not have to buy a seat and a half.

Eh, my two cents. It's not nice, but then it's even less nice to be the guy sitting on a plane when the fat roll from the guy next to you is sweating on your arm (true occurrence).

[Thesifer]

330 lbs is pretty obese and I seriously doubt she fit in that seat. I'm going with.. Nothing to do with race whatsoever.

[DarkFury]

you ever watch the show on SWA? they boot people of every color off the planes.
I've never seen it...

[PoorAvatar]

I've never seen it...

Probably because it's always on an hour late or cancelled. Couldn't resist :)

[mcs328]

<brian>

PUT THE FORK DOWN!!!

<brian>

[ialsohaveadream]

Because the prices are predicated on fitting a certain number of people on a flight. If less people fit, they have to charge more per seat. hen many people are paying 2x as much for a seat that is bigger than they need. The current policy allows the airline to only charge the people that need more room.

Airlines don't charge the extra seat if there are unbooked seats on a plane. It's not in the 'rules' but they figure that is no one else was using the seat there isn't a reason to charge for it. But in a fully booked flight they can's ask someone to sit in 1/2 a seat because the giant next to them is taking up 1/2 of theirs (especialy when they paid for a whole seat, not 1/2 of one). This isn't inconsistant enforcement, nor is it selective. It's the airline making exceptions whenever possible.
Couldn't have said it better myself.

[Burzhui]

yea stupid biznatch, i guess her makeup business isn't doing too well so she decided to suplement her income

[zero2dash]

It's called Airline I think on the A&E channel. I like the show.

After watching the show many times (and seeing how terrible Southwest is), I'll never fly on their planes - ever. They're ridiculous. Safety is one thing; being absurdedly discrimatory (as easily seen on their show where they give almost everyone a hard time) is disgusting.

[cadetevon]

<snip>
... being absurdly discriminatory (as easily seen on their show where they give almost everyone a hard time) is disgusting.
</snip>

Aren't these two ideas exclusive of each other? ;) Emphasis (bolding) mine.

[Jane83]

this fat woman makes flying a living hell for other people!
they really do need to make new regulations for this sort of thing.
i had to sit next to a fat man in a plane whos fat ass was spilling over to my side, AND he smelled like old hot dogs and i wanted to barf.
i looked out the window the whole time and covered my nose.
not cool, fat people need to buy 2 seats!

[oblongmelon]

you should suggest this to some sort of obesity lobby and see if they try to force it down corporate windpipes. i can see the story now.

"Organization for Corpulent Americans organizes a weeklong protest outside SouthWest corporate offices. Standoff lasts 45 minutes before crafty SouthWest exec imitates pied piper, luring OrCAs away with ice cream truck recording."
wow, that's totally offensive..
btw-nice to see you back..where have you been?

Now, can someone please tell me how a post about n*gga/n*gger can be considered offensive, but a "fat" topic isnt??? I used to be pretty big myself, and I know there are some forum members here who are not thin.How fair is it to judge someone on their physical size??? Orca jokes, references to "fat asses" etc are really not appreciated if you ask me..You don't have to be large to have a fat ass btw..there are alot of THIN people who have VERY LARGE ASSES..I think the comments are getting really over the top and I for one am asking that in consideration of our friends on this forum who are large sized, that this entire thread be locked.

[neutral]

Obbie, sounds like you've had a rough day. That's a very large request. What's really on your mind?

[oblongmelon]

Obbie, sounds like you've had a rough day. That's a very large request. What's really on your mind?
No, I didn't have a rough day, but just as DF asks for consideration around him using obviously offensive racial slang words, I suggest we do the same for members of this community who may not fit into that mould that society claims is the perfect size body..for gosh sakes..have some respect for others...and if not out there-but in here. We all put our pants on the same way-one leg at a time..thin, large, black, white, yellow, pink..it's what's INSIDE that counts..not the size of someone's behind.

[neutral]

On a different subject, I really like your avatar.

[DarkFury]

wow, that's totally offensive..
btw-nice to see you back..where have you been?

Now, can someone please tell me how a post about n*gga/n*gger can be considered offensive, but a "fat" topic isnt??? I used to be pretty big myself, and I know there are some forum members here who are not thin.How fair is it to judge someone on their physical size??? Orca jokes, references to "fat asses" etc are really not appreciated if you ask me..You don't have to be large to have a fat ass btw..there are alot of THIN people who have VERY LARGE ASSES..I think the comments are getting really over the top and I for one am asking that in consideration of our friends on this forum who are large sized, that this entire thread be locked.
Actually, it can be very offensive Obby... yet, it's threads like this and the other that was mentioned that show the "intolerance" that some folks have for others.

Folks need to walk a mile... :2far:

[oblongmelon]

Actually, it can be very offensive Obby... yet, it's threads like this and the other that was mentioned that show the "intolerance" that some folks have for others.

Folks need to walk a mile... :2far:

I hear ya..key word-VERY.
I wish people would remember about that whole..living in glass houses scenario.

[verve247]

Right. And you should never call a fat person fattie. Only fellow obese people can call each other fattie. It's a community thing that thin people will never understand.

[DarkFury]

Right. And you should never call a fat person fattie. Only fellow obese people can call each other fattie. It's a community thing that thin people will never understand.
Ha ha :dead:

As a carryover from the N-Bomb thread... that wasn't even remotely funny. :hmm:

[nickel]

Ha ha :dead:

As a carryover from the N-Bomb thread... that wasn't even remotely funny. :hmm:
i snickered :P

gotta see the humor DF.

[verve247]

Just making light of double standards.

[Burzhui]

wow, that's totally offensive..
btw-nice to see you back..where have you been?

Now, can someone please tell me how a post about n*gga/n*gger can be considered offensive, but a "fat" topic isnt??? I used to be pretty big myself, and I know there are some forum members here who are not thin.How fair is it to judge someone on their physical size??? Orca jokes, references to "fat asses" etc are really not appreciated if you ask me..You don't have to be large to have a fat ass btw..there are alot of THIN people who have VERY LARGE ASSES..I think the comments are getting really over the top and I for one am asking that in consideration of our friends on this forum who are large sized, that this entire thread be locked.


Being fat is a choice! As i was telling sbp, i used to be 240 pounds when i was 15. STOP EATING! Stop going to sonic for a super sized drink on the way home from work, get a bottle of water onstead. Start exercising, forget deep fried, fried, or sugary. Forget fast foodm it doesn't exist to you, eat wel and you will not be asked to buy two seats. You will be able to fit into regular clothes instead of moomos. And if you're still fat, just remember if you got it then flaunt it does not apply to you, because you ain't got it, and no one wants to see what you actually do have!

[theorangeone]

Being fat is a choice! As i was telling sbp, i used to be 240 pounds when i was 15. STOP EATING! Stop going to sonic for a super sized drink on the way home from work, get a bottle of water onstead. Start exercising, forget deep fried, fried, or sugary. Forget fast foodm it doesn't exist to you, eat wel and you will not be asked to buy two seats. You will be able to fit into regular clothes instead of moomos. And if you're still fat, just remember if you got it then flaunt it does not apply to you, because you ain't got it, and no one wants to see what you actually do have!

Yay! Another better than any fat person because I used to be fat but now I'm not *******. Way to generalize, and try to make other people feel like crap.

[nickel]

i am wondering whose 'rights' should be placed above the other - the person who takes up two seats yet only pays for one or the person who pays for one seat and gets half of a seat?

if i had to sit by a large person who invaded my space on a plane, and i did sit by a person who was so big it didn't allow the arm rest to be placed down, i wouldn't complain, but just deal with it. i know that person, or i would hope that person, feels bad enough for inconveniencing me. i would be sure to strike up a conversation with him/her about anything just to let them know i'm surviving the trip alright.

[MikeD]

How 'bout putting up dividers between the seats, kind of like the walls between stalls in a public bathroom? If you can fit in, you're good to go...and you only get charged for one seat. If you can't fit, take out the divider and you pay for two. :thumb:


i am wondering whose 'rights' should be placed above the other - the person who takes up two seats yet only pays for one or the person who pays for one seat and gets half of a seat?

:agree:

Why should someone of smaller size be forced to sit uncomfortably for hours on a flight? They're paying the same for their seat as the offender is.

[verve247]

Smaller people should have to pay more. They get more legroom and general space. That's worth a premium if you ask me.

[nickel]

Smaller people should have to pay more. They get more legroom and general space. That's worth a premium if you ask me.
can o' worms ;)

smaller people should get to pay less for clothing. an XS takes a lot less material/thread/time to make than an XL.

[DarkFury]

can o' worms ;)

smaller people should get to pay less for clothing. an XS takes a lot less material/thread/time to make than an XL.
Clothes people do charge more for XXL, XXXL, and larger sizes in some cases.

Either that, or they have to shop in special stores to get the right size and inevitably those stores charge more than the same thing in smaller sizes.

[cheapie]

there are def people that can't help being fat. but please, there's a reason america's pretty much the official home of the fatty. most of the people i know that complain about not being able to drop a few, including myself, have no real cause for whining. turn off the tv, get outside, avoid mcd's, and stop eating when you're full.

doing the aforementioned items would help get rid of MANY of the "can't help it" fatties in our country.

[Burzhui]

Clothes people do charge more for XXL, XXXL, and larger sizes in some cases.

Either that, or they have to shop in special stores to get the right size and inevitably those stores charge more than the same thing in smaller sizes.


ehh more material used and custom made stuff i mean i see why they'd charge more


Yay! Another better than any fat person because I used to be fat but now I'm not *******. Way to generalize, and try to make other people feel like crap.


take control of your life and stop eating junk, is that so much to ask?

[oblongmelon]

ehh more material used and custom made stuff i mean i see why they'd charge more




take control of your life and stop eating junk, is that so much to ask?

There are alot more reasons in this life for people being heavy because they eat junk.
ie: Congestive Heart Failure,Cirroshis of the liver,kidney failure, heart failure,brain tumors, brain trauma, cushings syndrome, Prednisone Use, Oral Contraceptives, etc..just to name a few. Don't generalize please. It's a pretty cheap shot at all people who are heavy.


Being fat is a choice! As i was telling sbp, i used to be 240 pounds when i was 15. STOP EATING! Stop going to sonic for a super sized drink on the way home from work, get a bottle of water onstead. Start exercising, forget deep fried, fried, or sugary. Forget fast foodm it doesn't exist to you, eat wel and you will not be asked to buy two seats. You will be able to fit into regular clothes instead of moomos. And if you're still fat, just remember if you got it then flaunt it does not apply to you, because you ain't got it, and no one wants to see what you actually do have!

and btw..just because you have a dislike for heavy people does not mean EVERYONE DOES..you said you were heavy at age 15..well then for sure I can say that you are THE WORST type of fat person..you are a reformed FAT person..and that my friend, is almost right up there with reformed smokers...YOu must have been seriously self conscious about your weight to think like this..simple bad attitude now..I imagine you'd be the one pointing and snickering at the chubby girls at the clubs..your way of getting back at people who made comments to you when you were heavy..

[blueindian]

ie: Congestive Heart Failure,Cirroshis of the liver,kidney failure, heart failure,brain tumors, brain trauma, cushings syndrome, Prednisone Use, Oral Contraceptives, etc..just to name a few. Don't generalize please. It's a pretty cheap shot at all people who are heavy.


yes, and a very small percentage of obese people can attribute their obesiety to one of those issues. for the most part, burz is right; it's a choice.





and btw..just because you have a dislike for heavy people does not mean EVERYONE DOES..you said you were heavy at age 15..well then for sure I can say that you are THE WORST type of fat person..you are a reformed FAT person..and that my friend, is almost right up there with reformed smokers...YOu must have been seriously self conscious about your weight to think like this..simple bad attitude now..I imagine you'd be the one pointing and snickering at the chubby girls at the clubs..your way of getting back at people who made comments to you when you were heavy..

for the most part the only people who hate reformed smokers, fat people, alcoholics, or any other type of reformee are the folks who don't have the will power to reform from the same behaviour themselves. i know this is a generalization but i find it, at least in my experience, to be a rather accurate one.

[ialsohaveadream]

yes, and a very small percentage of obese people can attribute their obesiety to one of those issues. for the most part, burz is right; it's a choice.
:stupid: I have a friend that was 230 pounds at one point. She made a commitment to losing weight, and she's managed to lose 50 pounds in eight months. It's a slow process, and I think that's what prevents most people from trying it. We would all prefer a quick fix, like we get with everything else in life.

[neutral]

That is a big factor.

[Burzhui]

yes, and a very small percentage of obese people can attribute their obesiety to one of those issues. for the most part, burz is right; it's a choice.



for the most part the only people who hate reformed smokers, fat people, alcoholics, or any other type of reformee are the folks who don't have the will power to reform from the same behaviour themselves. i know this is a generalization but i find it, at least in my experience, to be a rather accurate one.

Oh don't give me any of that, the reasons you mentioned contribute for the whole of 2 percent of all the obese people in america. USA is the fattest country in the world, and that's because we eat crap, steroid pumped, mcdonalds burgers. Most people don't have the will power to stop and thus are getting fatter and fatter, then sue the fast food industry. STOP EATING GARBAGE! Stop supersizing, just stop.
I don't dislike fat people, my dad is overweight and my mom is, so was my brother. I pushed hard enough on him and got him into Karate, he lost the weight. My next order of business is my dad. Unless you have a serious desease you can lose the weight all you need is will power, and if you don't have that then it's your damn problem and you should be charged for 2 seats.

[MikeD]

Oh don't give me any of that, the reasons you mentioned contribute for the whole of 2 percent of all the obese people in america. USA is the fattest country in the world, and that's because we eat crap, steroid pumped, mcdonalds burgers. Most people don't have the will power to stop and thus are getting fatter and fatter, then sue the fast food industry. STOP EATING GARBAGE! Stop supersizing, just stop.
I don't dislike fat people, my dad is overweight and my mom is, so was my brother. I pushed hard enough on him and got him into Karate, he lost the weight. My next order of business is my dad. Unless you have a serious desease you can lose the weight all you need is will power, and if you don't have that then it's your damn problem and you should be charged for 2 seats.

Hey Burz, I think BI was agreeing with ya...:thumb:

[Burzhui]

i was disagreeing with obbie