Is this a great country or what?

January 30th, 2010 by MorganDowney Leave a reply »

So here is another take on the state of the union:  Increasing health care costs are fueling the country’s economic problems. Obesity is a major driver of the health care costs. The First Lady has launched a campaign against childhood obesity and is promoting gardens and local sources of fresh food. Persons who are overweight or obese get blamed (even the Surgeon General) and are discriminated against.

In the last decade or so, the federal government,  states, counties, cities, joined by major foundations and corporations, supported by numerous non-profit groups have pushed for recognition of obesity and steps to educate the public to its perils.

 So now, two restaurants are fighting each other in court over their themes, like Chili Chest Pain Fries. the Heart Stopper  and the bypass burger, employing décor of heart defibrillators, wheelchairs and dialysis machines  guaranteeing  that their menus will definitely lead to obesity if not outright kill you! Even free food for those over 350 pounds, see Delray Beach restaurant’s food is deadly — will lawsuit kill it? – South Florida Sun-Sentinel.com.

It isn’t just the bizarre, counter-pc approach of these restaurants that is troubling

If someone is fired from their job because their employer doesn’t like their size, there is virtually no recourse.  If you wanted to sue the restaurant or food chain or food company over its portion sizes, calorie content or food composition, you would be ridiculed for not ‘taking personal responsibility.’ The food industry would rush to legislatures to save the world from ‘frivolous’ lawsuits.  If you want to sue your school for what it serves your child, you would be accused on not being a very good parent. If you wanted to sue your insurer for not covering bariatric surgery or FDA approved drugs, you’d be accused of wanting other people to pay for your sins. If you wanted to sue to reduce food marketing to kids, forget about it too…it’s protected by the First Amendment. Yet, the doors of the federal courts are wide open to these restaurants suing each other. Where’s the Tort Reform Chorus? No doubt this will use up some serious judicial resources before it is over. How did we get here? More importantly, how can we move forward if legitimate, if novel, claims cannot even get in the doors of the courthouse?

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