QUESTION: Is obesity considered a disability under the ACAA and, if so, is an obese passenger entitled to two seats for the price of one if he or she needs more than one seat?
ANSWER: Obesity in and of itself is not necessarily a qualifying disability. However, obesity could be a qualifying disability if, for example, it substantially limits a major life activity, such as walking. If an obese passenger – whether the passenger is a qualified individual with a disability or not – occupies more than one seat, airlines may charge that passenger for the number of seats the passenger occupies. Also, there may be certain obese persons who are too heavy to be safely accommodated on certain aircraft, e.g., because of safety limitations on seatbelts. [Secs. 382.5 and 382.38(i)]
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