Legal Question in Disability Law in California

I work at a camp that provides trail rides for our guests. I've heard that it is illegal to not allow people to ride even if they are extrememly overweight. Is this true?

Some people are so, so obese and out of shape, they can hardly get on a horse with a mounting block and a wrangler to help them. Once they are on, they don't fit in the saddle (ie legs are so round that they can't move their legs in order to control the horse, and the saddle horn is pressing into the ront of them). This much weight sitting up on a horse makes the whole thing top heavy and extremely unsafe, not to mention the fact that many people who are this overwieght are not able to controle their bodies in ways that are necessary to navigate their horse on the trail.

What about people with back problems, back problems and are overweight? Do you have any suggestions to help me work through this? I know that if a person gets hurt on the trail ride, I will be held responsible. In my opinion, severely obese people are an accident waiting to happen on a horse trail ride. Also, I would never want to hurt anyone's feelings. Thank you for your time.


Asked on 10/20/09, 5:48 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Being overweight is not necessarily a disability, unless it is caused by a medical condition. So, it is not always protected by the ADA. Of course, you can't ask people why they are so overweight, so I can see your dilemma.

You should discuss this problem with your liability insurance carrier and see what they have to say. You can also consider having guests sign assumption of the risk agreements before they go out on the trail. Your insurance carrier probably has attorneys who can help you with this.

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Answered on 10/20/09, 6:13 pm
Terry A. Nelson Nelson & Lawless

Weight is not a protected category under the discrimination laws, and good business judgment could be exercised in refusing service if for legitimate reasons, such as concerns about the safety of the horses or rider. You could have liability releases for concerns about the safety of the rider. If you want to pursue this further, feel free to contact me.

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Answered on 10/21/09, 4:36 pm


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