Comments on: Is Height over 6′5″ a Disability?

By: Trevor

Trevor — Sun, 16 Aug 2009 19:34:13 +0000

there is more to height as a disability that comfort. i am around 6′5 and already i have trouble sleeping in beds, finding clothing and shoes. Being tall sucks trust me

By: Julie

Julie — Fri, 24 Jul 2009 01:08:23 +0000

Of course height above 6″5″ is a disability. My husband is 6′6″ and has suffered international travel for years, leading to numerous visits to the chiropractor. Things are even worse though for my twin sons who are 6′8″. They are headed off to college this fall, and we’ve just viewed the dorms and bathrooms at UCSC’s Merrill college where one will be attending. Although the main ceiling height in the bathroom is probably to code, the shower stall and toilet cubicle ceilings are so low that my son will not be able to stand up to use the toilet or take a shower. If that’s not proof that tall folk have to deal with a disability, I’d like to know what is.

By: Peter

Peter — Thu, 22 May 2008 20:28:48 +0000

Well, I suppose arguably it impairs a “major life function” if, for example, it has an effect on mobility besides in the airplane. As a hypothetical, consider the case of someone who is not only quite tall but also has very large feet, and is constantly bidden by his family to carry heavy boxes up and down a long and narrow staircase – which could lead to a trip, breaking of bones, reduced ability to perform speedily on law school exams . . .

By: Dan

Dan — Tue, 20 May 2008 14:04:53 +0000

First I think that it’s an absolute waste for the government to be stepping in and regulating in situations where people should be dealing with them on their own. However, I would attempt to make the case (I am 5′10″ so not in that category), that extreme height is more of a disability than obesity. If you are obese and can’t fit in an airplane seat, then you need to start losing weight. Unless you have a thyroid problem, it’s your eating too much/not exercising problem that you need to deal with. Someone who is 6′10″ didn’t chose to be that height, it was completely out of their hands.

By: David

David — Mon, 19 May 2008 19:44:50 +0000

Airlines appear to be exempt from the ADA anyway, even as to obese customers.

From Southwest’s website: http://www.southwest.com/travel_center/cos_qa.html

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.”

By: Frank

Frank — Sat, 17 May 2008 20:18:21 +0000

I was afraid of that! But it would seem like there must be at least some level of height that would be as bad as morbic obesity.

It does seem like a situation some regulation should address–it would seem a pretty simple matter to require provision of at least a few seats for the extra-tall each flight–with the airline having the right to charge more to the extent these seats reduce capacity on the plane.

By: Joseph Slater

Joseph Slater — Sat, 17 May 2008 17:55:40 +0000

To be a disability under ADA, plaintiff would have to show that the condition interferes with one or more “major life functions.” I’m not sure that being put in some discomfort while riding on airplanes would qualify. I don’t mean to trivialize the issue, but courts have been pretty strict as to what qualifies as a “disability.” And in this regard, I think height is distinguishable from morbid obesity.