Congress shouldn't throw its weight around in case of "jumbo flyers"

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Congress shouldn't throw its weight around in case of "jumbo flyers," Libertarians say

WASHINGTON, DC -- The American Obesity Association should drop its complaint against a Southwest Airlines policy of charging overweight passengers for an extra seat, Libertarians say, because it flies in the face of common sense.

"This threatened lawsuit is so ridiculous that, frankly, we're having a little trouble getting our arms around it," said Steve Dasbach, Libertarian Party executive director. "Why shouldn't a business be able to charge customers more money if they use more of a particular product?"

Southwest Airlines came under fire for its policy of charging "jumbo" flyers for two seats on Wednesday when the American Obesity Association said it may file a lawsuit - or even ask Congress to outlaw the two-ticket policy. The airline says it has stepped-up enforcement of its 20-year-old policy in response to complaints that obese passengers who wedge themselves into one seat were making things "uncomfortable" for other flyers.

The rationale used to challenge Southwest's policy? It's not their fault they're overweight.

Miriam Berg, president of the Council on Size & Weight Discrimination, said, "If a person takes up more than one seat, that's not the problem of the person, that's the problem of the seat."

"Instead of acknowledging the reality that overweight people consume more space, these customers are trying to force a business to give them something for free," Dasbach said. "The good news is that two similar lawsuits against Southwest Airlines - one in 1990 and one in 2000 - were decided in the company's favor. The bad news is that if Congress decides to 'weigh in,' anything can happen.

"For example, the Americans with Disabilities Act defines obesity as a disability in some cases, but so far the law hasn't been used to force airlines to give up an extra seat. However, disability lawyers, inspired by the Southwest Airlines controversy, are already pushing Congress to reverse that."

But if Congress can prohibit airlines from charging overweight people for two seats, Libertarians ask, what's next?

* Should restaurants be forced to fork over "super-sized" portions of food to overweight people, at no extra charge?

* Should bars be prohibited from charging customers for a second, third, or fourth drink if they claim "it's not their fault" that they can't stop drinking?

* Should a men's clothing store be compelled to charge 7-foot-1-inch basketball star Shaquille O'Neal the same price for a suit as an average man?

* Should it be illegal for a home-builder to charge large families more money because they need a bigger house?

"Common sense dictates that companies can't have a one-size-fits-all pricing policy," Dasbach said. "But when has common sense ever stopped Big Government from throwing its weight around?"
 
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