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Disability Law

Diabetic Sues Restaurant for All-You-Can-Eat Restrictions

Posted Feb 18, 2011 8:20 AM CDT
By Debra Cassens Weiss

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A diabetic has sued a California sushi restaurant for disability discrimination after its owner told him he had to eat his rice if he wanted the all-you-can-eat offer.

Plaintiff David Martin is seeking at least $4,000 for "humiliation, embarrassment and mental anguish" suffered as a result of the alleged bias by the A Ca-Shi restaurant in Studio City, the Los Angeles Times reports in a column by David Lazarus.

The owner of the restaurant, Jay Oh, didn’t want to honor the $28 offer when he saw Martin eating only the fish and leaving the rice, "The rice is part of the all-you-can-eat sushi," Oh told the Times. "If you only eat the fish, I would go broke."

When Oh informed Martin he would have to eat his rice if he wanted the special, Martin said he is a diabetic and can’t eat rice. Oh tells the Times he offered to fix two orders of fish-only sashimi for $25, but Martin declined. Oh then charged Martin the al la carte price for the sushi he ordered and $1 for green tea.

Lazarus, a diabetic, sides with Oh. “I expect no special favors because of my illness,” he writes. “The only thing Martin has proved with his lawsuit is that he has problems accepting other people's quite reasonable rules.”

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