550-Pound Rapper Sued And Got Paid After Lyft Driver Locked The Doors—“Believe Me, You Can’t Fit.”

by Gary Leff

A 550-pound rapper got a pay day after a Lyft driver refused to pick her up, saying she wouldn’t fit in his car.

Back in January Dank Demoss ordered a Lyft to a Detroit Lions watch party. A Mercedes‑Benz sedan arrived, but the driver saw her and locked the doors – saying (1) she wouldn’t fit and (2) his tires couldn’t support her weight. He told her to order an Uber XL, and offered to cancel the ride so she wouldn’t be penalized.

  • She videotaped this. You can hear her insist “I can fit in this car.”
  • He snaps back, “Believe me, you can’t.”

She wasn’t just offended. She sued. But she didn’t sue the driver. If you’re driving Uber or Lyft, you’re probably judgment-proof. She sued Lyft instead under the Michigan Elliott‑Larsen Civil Rights Act for public accommodation harassment and disparate treatment. (Technically the driver was named in the suit, as ‘John Doe’). She’s gotten a confidential payout. Lyft had said,

Lyft unequivocally condemns all forms of discrimination—we believe in a community where everyone is treated with equal respect and mutual kindness. Our community guidelines and terms of service explicitly prohibit harassment or discrimination.

  • Weight discrimination is a cause of action under Michigan civil rights law. Michigan recognizes a right to “full and equal utilization of public accommodations” without discrimination because of … height, weight … among other characteristics.”

  • However, while Gender identity and gender expression as well as LGBTQ+ categories are expressly included, the enforceable prohibition itself does not list weight or height. So while the Michigan Department of Civil Rights accepts complaints for height and weight discrimination, the legal status of these claims is unclear.

  • Michigan’s Limousine, Taxicab, and Transportation Network Company Act, Lyft has to adopt and notify drivers of a nondiscrimination policy and cannot surcharge passengers for disability. (Weight isn’t listed, but it establishes companies like Uber and Lyft has having a civil rights compliance role, albeit potentially a limited one.)

Michigan isn’t alone in offering a path to cause of action for passengers of size to file lawsuits if a rideshare driver won’t carry them.

  • New York City bans height and weight discrimination in employment, housing, and public accommodations under the NYC Human Rights Law. This is probably the best venue for a lawsuit like this.

  • San Francisco and Santa Cruz prohibit discrimination based on height and weight (specifically including public accommodations).

  • Madison (WI), Urbana (IL), and Binghamton (NY) have local bans covering height and weight or physical appearance, which can be applied beyond employment.

  • Washington State treats obesity as a disability, creating disability discrimination liability.

Now, Michigan says a Lyft driver is an independent contractor and not an employee. Vicarious liability should be narrow here.

A plaintiff has to argue that Lyft is, itself, a “place of public accommodation/service” and that the customer was denied full and equal enjoyment through its agent, regardless of whether they were a contractor.

Some would say that she shouldn’t have to spend more for a ride – and that telling larger riders to “just pay more” is discriminatory. However, it seems to me that:

  • Having a small car shouldn’t be legally actionable as a civil rights tort
  • A driver should be able to protect their investment. The concern over wear and tear on a vehicle from a passenger of size is not frivolous.
    • Vehicle design process uses assumptions about occupant size, seating, restraint systems, and crash loads generally centered on 50th–95th percentile adults (roughly 110–250 lbs for test dummies).
    • A single 550 pound passenger seated on one side can upset suspension balance, ground clearance, and handling.
    • The vehicle may experience increased wear on springs, dampers, bushings, and tires. Over time, seat mountings and floorpan welds can fatigue under concentrated load.

The driver offered to cancel and refund, and suggested a plausible accommodation (UberXL). She wasn’t denied transportation. Should Lyft be required to provide free ride upgrades to passengers over a certain weight? That seems like an odd public policy result… to build in incentives and benefits for greater weight?

Ultimately, weight isn’t protected federally. And hurt feelings alone shouldn’t be actionable.

(HT: Live and Let’s Fly)

About Gary Leff

Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel - a topic he has covered since 2002. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »

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Comments

  1. Great, more $ to buy tons of junk food to reach that elusive 600 pond mark and get a shot at her own tv series.

  2. Why must decent, hard working, tax paying Americans pay for another’s lack of self respect and obesity? Don’t give me the “health” reasoning to excuse what she did to herself – you don’t get that big without shoveling excess food down one’s mouth.

  6. Quarter ton dinosaur sized person wants to get into a small car. Get real. She needs a bloody bus with double doors to get it.

  7. Sounds like some of y’all don’t like Michigan’s laws; maybe, you should move there, vote, and advocate for a change in policy. Otherwise, thassum nice rage-bait ya got there!

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