In the News: Canada Rules Obese Passengers Don't Have to Pay for 2 Seats
Canada's Supreme Court has ruled that disabled and obese passengers who require two seats--either because of their girth or because they travel with a wheelchair or a companion--cannot be forced to pay a double fare.
According to the Associated Press: " The Canadian Transportation Agency issued an order last January requiring Air Canada and other domestic airlines to make additional seats free to disabled or obese passengers who need extra room." The airline had appealed the ruling twice.
The Supreme Court ruling, which only applies to flights within Canada, takes effect Jan. 9, 2009.
Some facts to consider:
"The agency estimated the cost to Air Canada at about $7 million Canadian ($5.6 million U.S.) a year and to WestJet at about $1.5 million Canadian ($1.2 million) a year. The agency said that amounts to about 77 cents Canadian (62 cents) a ticket for Air Canada and 44 cents Canadian (36 cents) for WestJet."
In the U.S., Southwest Airlines requires each "Customer of Size" to purchase two tickets and has done so for 28 years. That means, if a passenger's size prevents the armrest from being lowered or if that person takes up part of the adjacent seat, he or she has to pay for the use of another seat.
According to Southwest, this policy does not violate any U.S. laws:
"Interstate airline travel is specifically excluded from Title II of the Americans with Disabilities Act (ADA) by Section 12141(2). Airline travel is instead covered by the Air Carrier Access Act, 49 U.S.C. 1374(c) and the regulations implementing the Act issued by the Department of Transportation as 14 CFR Part 382, et seq. The Air Carrier Access Act (ACAA) preceded the ADA, and Congress excluded air carriers and other air transportation services from the scope of ADA. As regulated under 14 CFR §382.38 Seating accommodations (i) "Carriers are not required to furnish more than one seat per ticket or to provide a seat in a class of service other than the one the passenger has purchased." "
Why would Southwest institute such a policy? According to the company's Q&A page: "We could no longer ignore complaints from Customers who traveled without full access to the seat purchased due to encroachment by a large seatmate whose body extended into the neighboring seat. These Customers had uncomfortable (and sometimes painful) travel experiences, and it is our responsibility to seek resolution to prevent this problem."
No other U.S. airline has such a blanket policy.
Do you think the Canadian government is serving as an enabler by allowing obese people to have two seats for the price of one? Should people who are obese be given the same special treatment that people with disabilities are given?
What do you think is the proper, respectful procedure in such a situation? Have you or has someone you know ever dealt with this particular Southwest policy?
According to the Associated Press: " The Canadian Transportation Agency issued an order last January requiring Air Canada and other domestic airlines to make additional seats free to disabled or obese passengers who need extra room." The airline had appealed the ruling twice.
The Supreme Court ruling, which only applies to flights within Canada, takes effect Jan. 9, 2009.
Some facts to consider:
"The agency estimated the cost to Air Canada at about $7 million Canadian ($5.6 million U.S.) a year and to WestJet at about $1.5 million Canadian ($1.2 million) a year. The agency said that amounts to about 77 cents Canadian (62 cents) a ticket for Air Canada and 44 cents Canadian (36 cents) for WestJet."
In the U.S., Southwest Airlines requires each "Customer of Size" to purchase two tickets and has done so for 28 years. That means, if a passenger's size prevents the armrest from being lowered or if that person takes up part of the adjacent seat, he or she has to pay for the use of another seat.
According to Southwest, this policy does not violate any U.S. laws:
"Interstate airline travel is specifically excluded from Title II of the Americans with Disabilities Act (ADA) by Section 12141(2). Airline travel is instead covered by the Air Carrier Access Act, 49 U.S.C. 1374(c) and the regulations implementing the Act issued by the Department of Transportation as 14 CFR Part 382, et seq. The Air Carrier Access Act (ACAA) preceded the ADA, and Congress excluded air carriers and other air transportation services from the scope of ADA. As regulated under 14 CFR §382.38 Seating accommodations (i) "Carriers are not required to furnish more than one seat per ticket or to provide a seat in a class of service other than the one the passenger has purchased." "
Why would Southwest institute such a policy? According to the company's Q&A page: "We could no longer ignore complaints from Customers who traveled without full access to the seat purchased due to encroachment by a large seatmate whose body extended into the neighboring seat. These Customers had uncomfortable (and sometimes painful) travel experiences, and it is our responsibility to seek resolution to prevent this problem."
No other U.S. airline has such a blanket policy.
Do you think the Canadian government is serving as an enabler by allowing obese people to have two seats for the price of one? Should people who are obese be given the same special treatment that people with disabilities are given?
What do you think is the proper, respectful procedure in such a situation? Have you or has someone you know ever dealt with this particular Southwest policy?
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Comments
It's not fair to the people they are sitting next to to be squished in against them (miserable for all squished), it's miserable for the bigger person too ... and *I* don't want to pay extra for the extra room needed for obese/disabled or other people with extra space needs.
There's a ready remedy for this already in place: UPGRADE. Pay more money and get 1st class, business class or the economy plus upgrade -- whatever is available on that particular airline.
I flew recently from the east coast to the west coast and back again. My ride out was fantastic -- I bought a $30 upgrade and had a super comfy seat with extra room.
On the way home, I was in the middle for all legs of the flight. One portion surrounded by Moms with toddlers who REALLY needed some space, and the portion by a huge guy pressed up against the entire side of my body. I don't want to be that close to strangers -- it was like being on a packed subway but for 4 hours. Gross. He needed an upgrade and should have paid for it ... and honestly, the moms must have been pushing the limits on the ages of the kids allowed to "share" their laps (and mine). - 10/29/2010 10:24:20 AM
Only if it is determined that the airlines are selling the transportation of one person, does the matter become open for debate, and you get into these questions of providing two seats for the price of one to someone who is huge.
In my opinion, it really doesn't matter whether you "choose" to be obese. The fact of the matter is that if you can't fit in one seat, then you have to buy two. Just like the person with the really long hair has to buy two boxes of hair color, or the guy who is 7 feet tall who has to fly first class because he's too tall to fit in economy seats, or the person who's long-winded and has to buy a more expensive telephone plan, or the person who's chronically cold and has to pay more to keep their thermostat set higher... The list goes on and on, and frankly that's just life. Nobody ever promised life would be "fair" or "equal". Get over it, people! - 1/29/2010 12:07:40 PM
I'm embarrassed to say it wasn't that long ago that I was having trouble putting the arm rest down. It doesn't take much to fill up those seats! - 10/21/2009 11:21:04 AM
I was on a flight from LA to Honolulu. There was a very, very large man in the seat next to mine. His body literally went over the arm rest, and took over about a third of my seat. I was smashed in between the other arm rest and his overflowing body. I complained, but the plane was 100% full, so they couldn't move me anywhere.
I was so miserable for the over 5 hour long flight. I got up and stood in the back by the kitchen area because it was impossible for me to fit into my seat.
It was very unfair to me that he was taking up my seat. I paid for my seat.
There has to be a solution to this. I don't think that it's fair to all the other passengers on the plane if a few need extra seats due to their girth, and I don't think it's fair for people to be literally hurt in their seats due to large seat mates.
Maybe there should be a discount rate for additional seats purchased, but I don't think they should be free. It makes everyone else on the plane have to pay more, and I don't want to pay more because the man next to me is too large for his seat.
As others have suggested, there is always the option of Business or First Class travel, where there are larger seats. - 10/20/2009 2:16:47 PM
No one chooses to be obese. - 9/2/2009 8:32:26 AM
- 8/13/2009 5:23:18 PM
I boarded the airplane, walked all the way to the back for a window seat, got comfortable and then an obese woman sat down beside me. I am not kidding when I say that half of my seat was taken by this woman legs and buttock. I flew for 3 hours, on a full airplane, having to be squished up against the wall of the airplane and window. I was in so much pain and in tears due to the lack of space and wiggle room I had for myself. I paid for my seat on my airplane, not half of a seat. I understand completely why the airlines need to change their policies.
I don't think that charging an obese person an extra fee is a bad thing, especially when there is not 1 seat left on the airplane like on my flight. If there are available, extra seats available on their flight, then they don't have to pay. We all know that the seats on airlines don't have any wiggle room.
This is a super, seriously, sensitive issue and I am sorry if I have offended anyone. I'm just being honest.
- 4/23/2009 11:30:47 AM
The issue is simple, if the airlines started charging larger people for 2 seats... they they have to define some sort of measurement cut-off, and that could include pregnant people, tall people, etc... opening up a HUGE case for a lawsuit, costing the taxpayers money. Nobody wants that.. so good on the Canadian government. - 4/22/2009 1:36:59 PM
I do understand that all Airlines are looking into this just because they fear that the Weight Limits for flight may be the cause behind some air disasters, starting with considerations of how much the Passengers on Board Weigh- it does make sense when you look at it from that perspective. - 4/14/2009 2:09:40 AM
My family recently flew from Calgary (Canada) to Las Vegas on WestJet (a Canadian airline). My husband is quite tall and very broad and he sat with his legs mashed because he didn't have leg room. Fortunately he sat beside my smaller child, so his shoulder width only impacted someone in my own family. It isn't just obese people who are impacted by plane seat sizes. - 4/3/2009 2:08:07 PM
What I am getting at here is that obviously airlines are packing in as many seats as possible, and that leg room obviously suffers for it. Airlines are businesses like any other, and you get what you pay for. They have done a lot in the last few years to improve comfort and help passengers pass the time, such as individual on demand entertainment screens loaded with variety. Personally I would be happy to pay more for a bit more comfort on these long flights. We all want low prices and we all want comfort, and we all want someone else to pick up the check. This is reality, and not everything is fair in this world. Life is pain sometimes, deal with it.
There should be a larger seat option for tall or obese individuals, but if you want more, you should also pay for it. Consider this: if you are short, don't you always have to pay to shorten your pants or skirt hems? Some people have a tiny waist and wider hips, so they often have to pay to take the waist in on pants and skirts as well. Clearly these problems are frustrating, and yet it is not something you can really do anything about. Sometimes you have just got to suck it up. I have big feet and find it very difficult to get good shoes and usually have to spend a lot more for them--it's not my fault I was born with clown feet, but I still have to pay for it. Why then should the obese get special consideration when others do not, especially considering that there are personal choice factors involved with obesity that cannot be denied? If you are looking for fair, please tell me how that is fair? Who ever said that life was fair past grade 3 anyway?
Please note that I am not referring to physically challenged individuals who should be accorded all due rights to assistance and support.
- 12/7/2008 10:58:35 PM
The airlines still have to make money, and if they have to start giving away seats then we're all going to see another price jack. Especially with the obesity rate increasing, ultimately that would be a lot of free seats. - 12/7/2008 10:23:51 PM
It's not right for an obese or disabled perosn to have to pay for an extra seat when if they had left the seat size alone, there would be ample room.
I have seen thin people take up more than their share of the seat because of their personal pillow, blanket, coats, laptop etc. They aren't charged extra. They also don't mind taking up YOUR overhead area with their extra suitcase either because they don't want to check it and have to wait to get it back.
So all it all, there needs to be some give and take on all peoples parts. - 12/7/2008 8:48:56 PM
That having been said, I don't think it's right to charge double for larger people.
That also having been said, I don't really want to pay for their extra seat either.
Maybe there should be larger "comfort sized" seats available for a reasonable surcharge. I think if I needed the extra room, I would want it for my own comfort, and it would be worth it to pay a little more. But not double. - 12/6/2008 6:26:17 PM
You can never go down that road. Once you start saying some reasons for obesity are "acceptable" then by definition you are saying everyone else's reason for obesity are their own fault. Once you open that can of worms, then you ARE getting into the murky waters of discrimination. You will have folks saying, "Well I am a food addict, that is a disability". "My mother fed me too much when I was a child, its not my fault". "I am obese because I have no mobility" and on and on and on. Where do you draw the line? How many people are going to step up to the plate and say, "I am obese because I eat too much and exercise to little. So I will voluntarily pay for two seats because it is my fault I'm fat". That just isn't going to happen! The only solution is to require ANYONE for ANY reason who uses two seats to pay for them (obesity or any other reason.)
If someone has a"glandular" reason for obesity that is a true medical condition, then they can take that up with their insurance company. They can get a doctor to say that they are medically prescribed to take this flight requiring two seats. Just like you can get medical supplies covered - wheelchairs or whatever - then see if you can get that second seat on the airplane covered. - 12/6/2008 8:51:48 AM
It would probably save the airlines millions, if not billions, if the average weight of their passengers went down 10lbs. - 12/5/2008 10:03:58 PM
If they are obese because of a glandular disorder, they should be allowed an extra seat free of charge, but ONLY if they can provide proof of the disorder. - 12/5/2008 2:57:33 PM
About a year ago I bought my DH and my Dad a vintage biplane ride as a gift. They were told ahead of time that their combined weight could not exceed 375 lbs. And with DH at 200 lbs and my dad at 170 lbs they were pretty darned close!
Was this "discriminatory"? (hint.....this was a safety issue....) - 12/5/2008 9:27:38 AM
Just a thought............ - 12/5/2008 9:17:42 AM
I am a frequent flyer. With being 5`9 tall and obese (with 128kg) I still fit in the seat, on most planes I don`t need a belt extension. I am not really bothered by the armrest squeezing into my hips, what is really freaking me out, is the cramped space for my legs. Ever heard of the "Eco-Syndrom"? It`s thanks to the fact that people do get thrombosis after flying economy class. I choose the airlines I use according to the space they offer me. There are tons of websites and forums, where passengers exchange, which airline to take, even which airplane, if you have the possibility to check that one out before. E.g. Lufthansa (my german airline) is providing the airplane type for every trip they perform.
I am just sick and tired, that society is not treating obesity as an illness, but just as "eat less and work out more, than everything will be right"... gosh, my pulse is even increasing now, writing it ;-) - 12/5/2008 7:20:01 AM
What...so I'm gonna become obese just so I can take advantage of the '2 seats for 1' with the airline industry...I really can't see that in the thoughts of the majority of airline consumers....I don't think Canadian air is 'enabling' any 'bad' behavior...I do think they are attempting to address the unjust acts of taking advantage of disabled and obese patrons. I have to admire that personally.
I have yet to fly and watched a disabled and/or obese person and think, wow, I'm jealous they get to board first or...man I wish they would poor themselves into the seat next to me so I can be additionally discomforted by the lack of elbow room I have during my flight. I have been grateful when obese patrons have been allowed 2 seats for their comfort as well as my own. If you watch obese patrons on planes, they are just as uncomfortable with the fact that the seats are not accommodating their size as anyone sitting near/ next to them. I empathize with them.... and..on that note...can we talk about airline bathrooms???
Should people who are obese be given the same special treatment that people with disabilities are given? Yes.
What do you think is the proper, respectful procedure in such a situation? To treat all consumers with respect and to provide the best customer service possible. On that note....where are all the blankets going to....please reinstate them or put a sign up before we board so we remember to get one at the store before boarding....
Have you or has someone you know ever dealt with this particular Southwest policy?
My mom is obese, and not wealthy by any means. She has traveled by air and pours herself into one seat as she request the seat belt extenders. I know how difficult it is for her, or was..now shes disabled...another story, and I don't think another seat is asking too much for her or the people sitting around her. Same for disabled and can we talk about mothers with children (or fathers...yet haven't seen that to date...)
I like the idea about providing a 'first class-type' seating area. Bigger seats without the perks with an upgrade charge. Not as much as two tickets, yet affordable and only requires one seat. Seems reasonable. - 12/5/2008 5:59:57 AM
My most recent flight was from the San Francisco Bay Area and there was a very large woman in the seat next to me. The flight was full and she was stuck in the middle seat. For those who've never flown Southwest Airlines, you do NOT have assigned seats so this can happen and often does. She was a sweetheart and made every effort to get into her seat with a minimum fuss and had already acquired a seat belt extender before she sat down.
Flying doesn't have to be unpleasant for any of us. We need a little common sense and a lot of consideration for other people. Too bad that can sometimes be in short supply. - 12/4/2008 9:29:20 PM
Pay for two tickets? The baggage handler doesn't have the work of two people. People in the front office - and any other overhead figured into the price of a ticket - don't have to work any harder when one person pays for two seats. I really appreciate the New Zeland Airline that offers the second seat for $75 rather than a full fare.
I travel by train where the seats are adequate in size and I more than willingly spend the extra $78 (round trip) to sit in Business Class with even larger seats along with fewer children.
I can't pull down the tray table on any airline lately but there are some trains where I've had to sit forward in my seat to do work on the tray table. Train travel is on the rise and I can see why. Except for commuter runs, Amtrak does not seem to have tried to pack 'em in. They don't check baggage so you do have to stumble toward whichever doors they choose to open at the smaller stations. After that, you have to get your baggage down the steep, narrow flight of stairs (made more difficult with my cane) but I'll be more than happy to deal with that because I'm not treated any differently than anyone else because of my size.
As for the smaller person, I have reason to have hope for the future when, on my last flight, a ten year old boy sitting next to me noticed that I couldn't use the tray table and offered to share his so I could set my beverage down while I ate my salad. I've had supposed adults who sat through the whole flight tsking and sighing at the unfairness of sitting next to me. I didn't gain weight to inconvenience anyone. I have a medical problem and I'm doing the best that I can. If she had taken a stroll down the aisle, she would have found that there were whole empty rows in the back. I'm not going to suddenly get smaller because you're upset. I'll do all that I can by jamming the armrest on the opposite side into my rib and making sure that the arm rest on the other side is available. Once seated, I don't get up unless I absolutely have too because too many people grumble as I brush past them down the narrow aisle that even the slender flight attendants have to walk sideways. I figure that I'm as comfortable as I'm going to get.
- 12/4/2008 7:31:43 PM
but I'm not sure it's fair to the other passengers sitting next to him/her either. - 12/4/2008 7:03:21 PM
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