Plus-Sized Hosers Take Off in Two Seats in Great White North, Eh
Nick Gillespie | November 21, 2008, 7:05am
"One passenger, one fare" is not quite as catchy as "one man, one vote," but Canada's new court ruling on the matter may finally convince ursine musical felon David Crosby to finally move to the Great White North.
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.
More here.
reason on obesity here.
Neu Mejican | November 21, 2008, 1:33pm | #
Related to the eHarmony agreement.
Discrimination laws are based on a claim that the
reason a person is being excluded, over-charged, denied service, denied access, etc... is
unrelated to the service, access, job, whatever.
In other words, it is not discrimination if you exclude, charge extra, deny service, deny access for a legitimate reason that is related to the service, access, job, whatever.
In the eHarmony case, their exclusionary rule was directly related to their service: providing hetero-sexual singles with a dating service. They also had the additional relevance factor that the matching was based on scientifically (ish) determined factors that applied only to heterosexuals. For those reasons, a claim of discrimination is invalid because the discrimination is reasonable and based on relative factors.
In this case as well, the size/weight of the passenger is reasonably related to the charge. The service that the airline is selling is directly tied to the amount of space you take up and your weight, so it is invalid, despite what the court says, to make a discrimination claim here, because the airlines were not arbitrarily charging more based on an irrelevant factor.
As far as "disability" accommodations as they relate to this issue, they must be reasonable and should not lead to an "undue burden" on the, in this case, airline. In this case, the loss of an entire fare to accommodate seems to be an undue burden. The additional costs for accommodation should be carried by the person needing accommodations when those accommodations involve an undue burden.
I support anti-discrimination laws, but they require clear thinking to serve their purpose.