Can They Make You Buy an Extra Seat by Your Looks?

‘Oh this is a lawsuit WAITING to happen.’

Kenny Slack (@beat_does_hair), a Houston hair stylist and frequent Southwest Airlines flyer, says he was publicly humiliated at Kansas City International Airport this week when a check-in agent called a supervisor to tell him he was “too big” to fly without purchasing a second seat. The problem is that this occurred on a return flight where the issue had never been raised before.

Slack, who said he holds A-List Preferred status on Southwest, checked in his bags at the priority counter for an early flight. The counter agent left to get a supervisor. Apparently, after a brief conversation, the employees informed him that they believed he needed to pay for an extra seat, per Southwest’s controversial “Customer of Size” policy.

The Breakdown

“They felt that I was too big to get on the plane without paying for two seats, when I fly weekly and sit in my seat just fine,” Slack said.

He was particularly struck by how the agent framed the concern, and the fact that the conversation was being had in the presence of others: “The lady had the audacity to say, ‘I’m just concerned about the people sitting next to you for their comfortability.’” Slack pushed back, asking, “Well, what about my comfortability with the conversation you’re having in front of all of these people about how you think I’m too big to fly?”

Slack noted he has lost more than 60 pounds and has never been asked to purchase a second seat on any prior flight. He also pointed to what he called a glaring inconsistency—the Kansas City leg was a return trip: “This is a return flight. I obviously didn’t have to pay for an extra seat here or on any of the other flights that I’ve had all year long.”

“The fact that they are willing to do this to a customer who flies this much is insane,” Slack said. “Southwest, you need to start doing better.”

He did end up on the flight and did not pay for the extra seat because he “advocated for himself,” per a follow-up. But this only adds to the issue—does this mean, as long as you fight for yourself, you can sidestep policy, or does Southwest know the policy was ridiculous to begin with?

Let’s see what the comments section had to say.

The Peanut Gallery Weighs in on Southwest’s Weight Policy

One of the most intriguing comments related to Southwest’s stature, especially given its past preeminence. “I’ve never seen a company tank their reputation so impressively in such a small amount of time,” it read.

Another stated an obvious issue: “If this is their policy, they need to have ‘test seats’… you can’t just eyeball people.”

But the comment with the most likes nailed home the biggest point and most important question. “This is gonna end up turning into a giant class action lawsuit,” the commenter noted.

But first, let’s understand the actual policy.

Southwest’s ‘Customer of Size’ Policy

According to the Southwest website, “Customers who encroach upon the neighboring seat(s) should proactively purchase the needed number of seats prior to travel to ensure the additional seat is available. The armrest is considered to be the definitive boundary between seats; you may review information about the width of Passenger seats. In addition, Southwest may determine, in its sole discretion, that an additional seat is necessary for safety purposes.”

The critical catch-all of “safety purposes” is carrying a lot of weight in this equation. Pardon the pun.

This policy went into action on Jan. 27 and has already caused issues with numerous flights.

Grace Simpson and Erika DeBoer both had similar incidents in February. Simpson flew from Norfolk, Virginia, to Baltimore without issue on Feb. 10. Then, a gate agent flagged her as a “customer of size” in Baltimore for her connecting flight to San Diego. DeBoer’s case occurred before a flight from Omaha, Nebraska, to Las Vegas on Feb. 6. An agent told DeBoer to buy a second seat for that flight. However, no one stopped her on the return trip, highlighting the inconsistency in enforcement.

There is no measurement, no marker of indication, or any semblance of a legitimate protocol whatsoever. Gate agents are simply eyeballing customers and making calls. It doesn’t exactly seem legal, or does it?

Is This Even Legal?

Um, sort of kind of, but maybe not?

The core tension and the principal issue at the heart of Kenny Slack’s experience is that, on paper, Southwest points to the armrest as the “definitive boundary.” But in practice, the enforcement has been overwhelmingly subjective and inconsistent. It may even put the airline in legal peril down the line.

So, is it illegal? The short answer is that because body size and weight are not protected classes under federal law, at least not yet, Southwest currently enjoys significant regulatory leeway. They can discriminate because, well, technically, it’s not illegal discrimination.

Some courts found that “severe obesity,” which is defined as body weight more than 100% over the “norm” (whatever that means), may qualify as a disability. But simply being overweight or obese generally does not meet the threshold.

AllHipHop has reached out to Slack via TikTok comment and direct message and to Southwest Airlines via email. We will update this story if either party responds.

@bear_does_hair @Southwest Airlines DO BETTER! I cant believe this was my experience today #kansascity #houston #traveldiaries #mlm #southwestairlines ♬ Tchaikovsky “Dance of the Reed Flutes”(1257471) – kzy

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