Health

Overweight Man Sues, Claims Small White Castle Booths Violate His Civil Rights

Posted on September 12, 2011 at 2:51pm by Christopher Santarelli
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A 290-pound stockbroker is in a heated dispute with White Castle involving undersized seats, free hamburger coupons, and claimed discrimination under the Americans with Disabilities Act. All because he can‘t fit into the burger giant’s booths.

The New York Post reports that Martin Kessman of Nanuet, New York, began his crusade after he could not fit into the stationary booths of his beloved White Castle in April 2009. Mortified and in pain after repeated attempts to wedge himself in, Kessman left fuming and later wrote a complaint to the corporate headquarters.

The Post has this picture by Angel Chevrestt displaying Kessman’s problem:

“As I looked around the restaurant, I saw that there were no tables and chairs that could accommodate a person that merely wanted to sit down and eat his meal,” Kessman wrote White Castle.

“I’m not humongous, [but] I’m a big guy. I could not wedge myself in,” he told the Post.

Kessman filed a lawsuit in Manhattan federal court last week. He became infuriated when the fast-food company did not address his complaints, only to send back three “very nice” condolence letters and coupons for free hamburgers, which he found insulting.

While Kessman will not set foot in the store, his wife still picks up White Castle burgers for him.

“Any subsequent trips to the store have been made by my wife — I have been like an outcast.”

“The Rockland County man says the chain’s uncomfortable booths violate the civil rights of fat people.

The Americans with Disabilities Act is ‘applicable, not only to me, but to pregnant women and to handicapped people,’ he said.”

What do you think? Not too long ago a New York Times op-ed floated the idea of affirmative action for ugly people. Is a fast-food establishment without extra-large seats violating the civil rights of the overweight, pregnant and handicapped?

Fat Man, Little Booth

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Comments (237)

jkendal
Posted on September 12, 2011 at 3:21pm
I‘d be willing to bet my life savings that the thought never even crossed his mind that MAYBE if he didn’t eat at White Castle so much he wouldn’t be so fat…..
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- Larry Notes
  Posted on September 12, 2011 at 3:24pm
  Ha !
  Report Post »
- Fly Old Glory 24/7 365
  Posted on September 12, 2011 at 3:43pm
  $20 Jackie Chiles and Kramer are in on this…
  Report Post »
- Sleazy Hippo
  Posted on September 12, 2011 at 3:55pm
  Most establishments have seating for wheel-chaired persons such as wounded warrior veterans and persons with debilitating conditions. If Mr.Kessman cannot find that type of seating, maybe White Castle is unfriendly to our veterans also.
  
  Many New York City restaurants are space limited, sames as Tokyo, but we Americans have higher standards of living for our Citizens.
  
  BTW Mr Stockbroker Kessman seems to be a typical whining Job Creator – can’t tough it out unless they make things “perrrrr-fect!
- BeerSnob
  Posted on September 12, 2011 at 3:55pm
  Go be fat somewhere else! (not the same without the pic)
  Report Post »
- pavepaws
  Posted on September 12, 2011 at 4:00pm
  There’s nothing to say that would be charitable.
  Report Post »
- ProbIemSoIver
  Posted on September 12, 2011 at 4:14pm
  The Article states he is a stockbroker. That is a politically correct term for a degenerate gambler.
  Of course he is an Outcast. Not because he is an overweight pig, but because he is a liberal that pursues frivolous lawsuits !!!!
  Report Post »
- biohazard23
  Posted on September 12, 2011 at 4:47pm
  Did someone say Jackie Chiles?? :) http://www.youtube.com/watch?v=jpcEietIoxk
  Report Post »
- Major Infidel
  Posted on September 12, 2011 at 5:03pm
  Maybe white castle can counter sue him for excessive wear on their furniture.
  Report Post »
- The Third Archon
  Posted on September 12, 2011 at 5:29pm
  “The Article states he is a stockbroker. That is a politically correct term for a degenerate gambler.
  Of course he is an Outcast. Not because he is an overweight pig, but because he is a liberal that pursues frivolous lawsuits !!!!”
  Wait…I thought you conservatives loved capitalists–well here you go. Here’s a capitalist–trading stocks is literally the definition of capitalism, why don’t you commence with the blow jobs.
  
  On the subject of this story however, while they probably should have seating for disabled and pregnant people, I don’t think I would award a suit to this guy:
  1) Because he isn’t disabled or pregnant–he‘s a fat ass who we have no reason to believe couldn’t be perfect shape, and probably has the money to do so.
  2) It‘s a waste of the justice department’s time and money to deal with this guy’s suit.
  3) It‘s a waste of White Castle’s time and money to indulge this man’s litigation, and would encourage other stupid people to do similar stupid things.
  
  Even if someone were pregnant or disabled, the only way we should even consider such a suit, they still could just order the food and leave–or order food from elsewhere. Is White Castle really so essential to someone’s survival, and so irreplaceable, that they have to be legally required to accommodate every conceivable possible need of a customer? I just feel that’s a little unrealistic and unnecessary–I mean in an ideal world they’d do that anyway for business, but there’s not
- The Third Archon
  Posted on September 12, 2011 at 5:30pm
  always the money in the real world, to do that kind of contingency planning.
  Report Post »
- ProbIemSoIver
  Posted on September 12, 2011 at 6:00pm
  @The Third Archon
  Allow me to edify you. I am a Libertarian. Therefor, I believe the establishment should have the right to refuse service to anyone. If it is owned by an individual, in their building, on their property, that person should be able to eject whomever they wish.
  The Owner or manager should have been able to boot this Fat@ssed, whiny baby out the door.
  I, if manager, would have told him he is repulsive, and are spoiling the appetites of my good customers.
  I would notify him, that no one wants to see him while they eat.
  And as far as the stock market I am a Capitalist.
  I never stated that the degenerate gambler should not be able to finance the Military / Industrial complex, while gambling with other people’s money at the same time.
  I was just stating a fact, that the stock market is gambling, under the politically correct guise of some other BS, such as ‘ investment broker’. lol
  Get you facts correct, before you hit the ‘Reply’ button.
  Report Post »
- mils
  Posted on September 12, 2011 at 6:59pm
  affirmative action for ugly people, special seats for the overly bloated cheeseburger eaters…we are going to fall as a nation…
  
  Next?…we’ll be voting in a man to be our president strictly because of his skin color…
  Report Post »
- mental-indigestion
  Posted on September 12, 2011 at 7:57pm
  Instead of calling a lawyer, call Jenny Craig
  Report Post »
- Bluefish49
  Posted on September 12, 2011 at 9:32pm
  I bet the car he drove in there had plenty of room for his fat ass…that’s where he should have taken his lard pills to eat.
  Report Post »
- ProbIemSoIver
  Posted on September 13, 2011 at 6:20am
  You can see this loser is barely touching the table with his fat, disgusting, lard-laden gut. He is positioned slightly lower than a person usually sits, and looks as if he is purposely sticking out his horrendous, repulsive, pie-dumpster. If I were the defense attorney in this case, he and all parties involved, would be so embarrassed, they would simply not show up for court, the day following opening arguments.
  Report Post »
- CerveloR3
  Posted on September 13, 2011 at 2:09pm
  Why is Wilford Brimley at White Castle anyway.. I thought he only ate oatmeal. Also, isn’t it bad for his diabetes?
  Report Post »
- loriann12
  Posted on September 13, 2011 at 3:29pm
  When I lived in Hawaii for 4 years, I discovered just how large American’s personal space is as compared to other countries. I would have people stand so close to me that their cart constantly bumped me. It was when I realized about the personal space that I was no longer insulted. Americans have an arm’s length at least that is considered rude to invade, but other countries are so over-populated they have at least half that distance. new york city has got to have a lot of people. You can’t expect the same amount of space per person as you would in some hick town in Missouri (I say that as someone raised in a hick town in Missouri). Face it, they have efficiency apartments going for the price of a 3 bedroom in other parts of the country. Don’t like it? move out of new york.
  Report Post »
- wolfmanradio
  Posted on September 15, 2011 at 12:49am
  Hey fat ass, it’s called quit stuffing your fat face! Go buy some oatmeal, and stop being a crybaby.
  Report Post »
- carolmachelle
  Posted on September 18, 2011 at 6:57pm
  hehe
  Report Post »
frankthekulak
Posted on September 12, 2011 at 3:20pm
Lard-@$$ can’t be too butt hurt. He still eats WC’s delicious burgers…
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- GayDem4Beck
  Posted on September 12, 2011 at 3:51pm
  I‘m 5’8″ and 270#, so speaking Politically Correct here, I think I can get away with this.
  
  If he has a problem with the seating situation, that should of been his first clue to go on a freaking diet. Don‘t blame others if you can’t fit into the table, you have no one to blame but yourself. Try some personal responsibility for a change.
  
  Now where are my White Castle burgers…mmmmm burgers
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- Wayne
  Posted on September 13, 2011 at 10:11am
  Some people want to blame someone else for all their problems. Who cares where or want he eats. He will always be a fat slob.
  Report Post »
obfusk8
Posted on September 12, 2011 at 3:20pm
Wow! You people are mean. I grew up near a White Castle and loved their 13 for $1 sliders (I’m giving away my age here). But there’s not one White Castle within hundreds of miles of where I live now. I am very depressed about this and have been diagnosed with PWCSS (Post White Castle Stress Syndrome). Can I get the DOJ to sue them for me? I’m too lazy and stupid to do it myself. By the way, fat boy … why not just sit on the table if you can’t fit in the chair? Moron.
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- outsidethebox
  Posted on September 12, 2011 at 3:41pm
  They sell White Castle burgers at Wal-Mart in the frozen foods section. They’re not as good as the real thing though.
  Report Post »
- Fly Old Glory 24/7 365
  Posted on September 12, 2011 at 3:45pm
  got a 5 Guys Burgers and Fries within 200 yds of my store so no need for WC here….
  Report Post »
- AlansTigg
  Posted on September 12, 2011 at 3:46pm
  5 guys is soooo goood
  Report Post »
- BeerSnob
  Posted on September 12, 2011 at 4:05pm
  @obfusk8
  “…why not just sit on the table, moron…”
  That’s funny right there. Methinks you are not as stupid as you claim.
  Report Post »
- Ballot_Box_Revolution
  Posted on September 12, 2011 at 4:16pm
  uuuugh Five Guys is NASTY….I hate them with such a passion that when I seen one be put up here close to where I live I felt violated…..
  
  But this comes from a time that I ate at five guys for lunch after a long party the night before, and it made me so sick, that even after giving it a couple more chances I could just not stomach them…..Is a shame, because before that day of getting sick, I thought Five Guys was pretty decent……
  Report Post »
- scarebear83
  Posted on September 12, 2011 at 4:28pm
  I had a similar feeling when I was in Colorado but it was for Krystal’s. IMO I think Krystal’s are way better than White Castle anyway :-P
  Report Post »
- Sleazy Hippo
  Posted on September 12, 2011 at 4:29pm
  I have never been to the local Five Guys, I always wanted to, but I don’t have enough friends.
  
  Maybe if they started a slug line I could hook up with four other guys.
  Report Post »
- bondroid
  Posted on September 12, 2011 at 6:06pm
  LmAo!!!
  Report Post »
- Navyveteran
  Posted on September 12, 2011 at 6:22pm
  because of my medical condition and the meds I am on I am a hefty person. There are places here in Colorado that have seats like that I am unable to sit comfortably as well. Would it be nice if the restaurant provided seating arrangements for bigger people yes, but do they have to no, unless they want their business.
  
  What a freaken moron, being overweight is not covered by the ADA the last time I checked and if he went there a lot how about talking to management on providing a few tables and chairs that he could fit in. If I was the manager I would be happy to do that for a paying customer. Hell just provide extra chairs so he could use that chair for the tabe. This country is way too sue happy, when there are easier solutions to that problem that doesn’t waste hundreds of thousands of legal fees.
  Report Post »
- what4
  Posted on September 12, 2011 at 9:12pm
  NAVYVET
  
  I think the answer here is for this slob to order from his car/taxi…..people in the restarant are offended by these disturbingly large people eating near them anyway! DEY STINK BAD!
  Report Post »
SREGN
Posted on September 12, 2011 at 3:18pm
He‘s just a poor victim of White Castle’s decades-long marketing campaign of “Buy ‘em by the sack.” Now they’ve rewarded his customer loyalty by installing back-to-school-night-sized furniture. Caveat emptor, my corpulent friend, caveat emptor.
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woodyb
Posted on September 12, 2011 at 3:14pm
““Any subsequent trips to the store have been made by my wife — I have been like an outcast.”
~~~~~~~~~~~~~~~~~~~~~~~
I am unable to walk without a cane, and even then do not really enjoy walking any more. My wife has to make MOST trips to ANY STORE for me. Does that mean I can sue each and every one of those stores because they cannot accommodate my ‘CIVIL RIGHT’ to shop on their premises????????

I’LL BE RICH!!!!!!!!!!!!!
All I have to do is find the right lawyer!!!!!!!!!!!
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- Fly Old Glory 24/7 365
  Posted on September 12, 2011 at 3:46pm
  your case has Jackie Chiles written all over it….
  Report Post »
- football lady
  Posted on September 12, 2011 at 6:38pm
  No doubt there are plenty out there just chomping at the bit.
  Report Post »
Anonymous T. Irrelevant
Posted on September 12, 2011 at 3:13pm
ADA is for REAL handicaps. This guy’s only handicap is that he can open his mouth.
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Mess23
Posted on September 12, 2011 at 3:12pm
Being FAT is not in the ADA. Belly up to another trough because you are costing me money.
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- Chuck Stein
  Posted on September 12, 2011 at 6:23pm
  The regulations adopted to enforce the ADA are quite specific. As long as White Castle is complying, then they are in a safe harbor.
  Report Post »
progressiveslayer
Posted on September 12, 2011 at 3:11pm
He can‘t be shamed it’s impossible.
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TomFerrari
Posted on September 12, 2011 at 3:08pm
So…

Because YOU choose to overeat, others are REQUIRED to spend money to accommodate your chosen girth?

You poor, poor victim.

“What a maroon” B. Bunny

On that note, I have noticed that some of the fast food places now have a booth that has bizarrely wide spacing. So much so, that I have to sit at the FRONT EDGE of the seat, simply to REACH my food.

This is a PRIVATELY OWNED BUSINESS.
They can supply absolutely NO seats if they choose. (Barring any wacko local ordinances)

People don’t even understand what a “RIGHT” is, anymore. The socialist democrats like obama and his chicago-thug-style buddies have tried to change The Constitution, and history, to say that our rights come from THEM, when, in fact, our RIGHTS come from God.

Now, since there were NO fast food joints until a few decades ago, it is impossible for that to be a “right”. Otherwise, those who were born before fast food joints existed, lived their entire lives with their rights being violated.

The same is true for “healthcare.”

Your rights end at your property lines, or your fingertips.
His rights absolutely END where others’ rights begin.
In this case, the restaurant’s rights are being threatened, not his!
.
.
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- Ssenkrad
  Posted on September 12, 2011 at 4:27pm
  I am nodding my head while reading your post, as I agree completely with everything you said. Now look, I have no problem with fat or overweight people. That’s their choice, and I’m fine with it. But that’s just it: it’s their choice. They don’t have a right to bigger seats, or free health care, or some other bullcrap. They decided to eat the food that made them fat, and I have no responsibility to take care of them because of their decisions. Like I said, though, the fat people who take care of themselves are cool in my book, just like the skinny people who take care of themselves. It’s the people who look for any little excuse to cry to the government that their rights have been violated, such as for something as frivolous as seat sizes or hot coffee, that I just cannot stand.
  Report Post »
Isaiah52021
Posted on September 12, 2011 at 3:07pm
fine this man for filing a frivolous lawsuit. Sure hasn’t stopped him from eating their food, he just makes his wife go get it, so obviously he found a solution, so shut up and quit wasting the courts time and our money. Besides it looks like a tighter for into those pants he is wearing, so it is not like his gut isn’t used to squeezed into smaller spaces.
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- Isaiah52021
  Posted on September 12, 2011 at 3:12pm
  Oopps sorry, went to fast for swype I guess,
  Report Post »
progressiveslayer
Posted on September 12, 2011 at 3:07pm
The mid section is filled with hot air and the head is filled with lard.
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Cary1337
Posted on September 12, 2011 at 3:05pm
Can I sue too? Some things in this world require more brains than I have …
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Diablo4965
Posted on September 12, 2011 at 3:05pm
It’s called the drive-thru fat azz!
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CatB
Posted on September 12, 2011 at 3:05pm
They really aren’t business savy … wouldn’t it be a better business plan to accomodate their customers?

I don’t care for their product .. but I would think this guy would be their market target. They should listen to him … how many just don‘t go there but didn’t complain?
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- kwatch
  Posted on September 12, 2011 at 3:38pm
  I would say most of their business is carry out and obviously this guy isn’t going to stop eating them- his wife is stupid enough to help him in his diet and go for him. So I disagree with you, the target market is fat people like him but not fat people who eat in the fast food joint (that is more parents with little kids)- because most fat people go thru carry thru- I have worked at Wendy’s and McDonalds and that is what my experience has been,
  Report Post »
FToth84
Posted on September 12, 2011 at 3:03pm
No No and No!! Lose weight buddy. Not to mention. What good is it when you won’t go, but you still send you wife for the burgers? Sounds like a White Castle addiction to me.

BTW.. looks like he fits to me. He’s sitting down in the pic.
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- turkey13
  Posted on September 12, 2011 at 3:11pm
  Hope he wins – I’m age 63 and weigh 173 lbs and skinny as a rail. I have just the opposit problem and there is to much room and I’m always getting food on my shirts. I will sue if he wins and should have a easy case.
  Report Post »
- SLARTIBARTFAST
  Posted on September 12, 2011 at 3:19pm
  Easy for you thin folks to say that we’re too fat, but I’m about his size and it is frustrating when someplace has no options other than takeout. It‘s not like we gotta’ have a forklift bring us in! After a lifetime peppered with work related injuries, excercise is just not the option you think it is, and I refuse to put up with any more CR^P from you skinny runts out there. A lawsuit does seem to be a bit overboard, but the guy does have a point. And the next skinny runt who gives me the business better make sure he‘s got an escape route ready before I fall on you like one of them great big ’rasslers!
  Report Post »
- AlansTigg
  Posted on September 12, 2011 at 3:46pm
  After a lifetime peppered with work related injuries, excercise is just not the option you think it is, and I refuse to put up with any more CR^P from you skinny runts out there…..and the next skinny runt who gives me the business better make sure he‘s got an escape route ready
  
  see you found an exercise option right there, beating up those horrible skinny runts…good job, you’ll fit into a booth in no time.
  Report Post »
cessna152
Posted on September 12, 2011 at 3:01pm
****As I looked around the restaurant, I saw that there were no tables and chairs that could accommodate a person that merely wanted to sit down and eat his meal,”*******

Then go eat somewhere else you moron… it is freaking people like you that are screwing up this great nation! It is a free market, go eat at Wendy’s or the like or even better, go work out. Your frivolous lawsuits will cost me and my family more money because of your entitlement BS mentality and feeling the need that everything is “owed” to you. Beat it bozo, I am beyond fed up with people like you!
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- Elena2010
  Posted on September 12, 2011 at 3:03pm
  Ever heard abt the “drive thru” window? USE IT! America, we must give up our diet of free money afforded by junk law suits!
  Report Post »
lilfingirl
Posted on September 12, 2011 at 3:01pm
Does this mean I can sue too?? I am pregnant & some booths at restaurants do not accomodate my belly. That must mean they don’t want me there.

Give me a break dude. Noone is forcing you to eat there!!!!
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- Jus-sayin
  Posted on September 12, 2011 at 5:20pm
  now YOU may have a legitimate claim. He is just fat. You may have a medically induced craving and need for nice greasy loose hamburgers. It’s not your fault – it’s genetics and they are NOT treating you fairly. :)
  
  sounds like it might work
  Report Post »
- RepubliCorp
  Posted on September 13, 2011 at 2:05am
  Now if you got pregnant at white castle…you might have a claim.
  Report Post »
Exrepublisheep
Posted on September 12, 2011 at 3:00pm
I’m going to sue because this fat guy raised my blood pressure. He should have known (and probably did) that his action would cause distress and so violated my civil rights.
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KickinBack
Posted on September 12, 2011 at 3:00pm
I believe that in America we have the right to eat whatever and how much we want. But I also believe in personal responsibility, and this man has none.
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liberalsarealiens
Posted on September 12, 2011 at 2:58pm
Tough to be you Dude! Loose weight or bring your own chair! The business does not have to cater to every size and shape person in the world! Try joging in place while you eat your 30 white castle hambergers! LOL
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- Ryan Beaulieu
  Posted on September 12, 2011 at 3:05pm
  Sad part is that this is how most Americans view society now of days. Everything is a “right” and whenever something doesn’t go your way just sue someone. That’s literally the American way now. To be greedy, self centered, and self absorbed. Whenever possible file a lawsuit and become rich quick. So many American citizens have become monsters and their train of thought and logic is so disappointing and distasteful it’s not even funny.
  
  You know we look at stories like this and shake our head at the stupidity of this situation and how juvenile and irresponsible this man is acting. But what’s even more shocking is guys like this win in court and get huge settlements. Just look at the lady who sued because she spilled hot coffee on herself and sued because the coffee was too hot. She won millions of dollars and now all coffees must come with a disclaimer on the cup. Our society is getting out of hand.
  Report Post »
- biohazard23
  Posted on September 12, 2011 at 4:50pm
  Don’t forget that certain elements of society want to have “ugly” people protected, too.
  Report Post »
HUNITHUNIT
Posted on September 12, 2011 at 2:58pm
might fit if he stopped eating white castle.
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dontbotherme
Posted on September 12, 2011 at 2:58pm
I just want to smack this jack _ss. Sorry.
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- rockstone
  Posted on September 12, 2011 at 4:05pm
  I just want to shoot him. And I’m not sorry.
  Report Post »
J.C. McGlynn
Posted on September 12, 2011 at 2:56pm
He can lose weight. I squeeze in and don’t complain. I’m 300+lbs so I can sat it.
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smithclar3nc3
Posted on September 12, 2011 at 2:56pm
It part of the New federal mandate if you can‘t fit in thye booth you’re too fat to eat white castle.
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- TomFerrari
  Posted on September 12, 2011 at 3:23pm
  You beat me to it.
  Report Post »
- IronSights
  Posted on September 12, 2011 at 4:16pm
  Perfect, we now have a poster child for Michell Oblama’s eat right program.
  Report Post »
On The Bayou
Posted on September 12, 2011 at 2:55pm
Try eating somewhere else.
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