Diabetic Discrimination or Extortion?

Feb 22, 2011
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David Martin went to A Ca-Shi Sushi restaurant in Studio City and began ordering all you can eat sushi for $28. Because he has type 2 diabetes he started peeling the rice off and eating the fish by itself. Individuals with this type of diabetes do not manage their insulin as well as someone without it. They usually have to take oral medication and control their intake of carbs. The restaurant owner, Jay Oh, told Mr. Martin that if he wanted to eat at the all you can eat rate, he’d have to eat the rice too, otherwise he’d be charged a la carte.

However, Martin continued eating the sushi without the rice. Then the restaurant owner suggested that Mr. Martin order shashimi, rolls prepared without rice, which was $25 for two rolls. Martin turned down the offer and continued eating the sushi without rice. He ended up being billed for each roll of sushi separately. According to Mr. Oh, “The rice is part of the all-you-can-eat sushi, if you only eat the fish, I would go broke.”

Several weeks later, Mr. Martin filed a $4,000 discrimination law suit against Mr. Oh claiming he suffered “humiliation, embarrassment, and mental anguish,” because of his disability. Mr. Oh strongly believes that he has done nothing wrong and is going to fight this even if the court costs will be more than $4000. Personally, I think this law suit is preposterous as Mr. Martin was told beforehand that he’d have to pay full price if he just ate the sushi by itself. He was also offered the sashimi. If he did not want to pay, he should’ve gone to a different restaurant. Not eating the rice and just the fish would allow him to gorge on more fish then he would’ve normally been able to eat.

According to one reader of the Los Angeles Times, “This is really a shakedown of this small business by some bozo and his attorney.” “The attorney would be heavily criticized by the Judge with possible sanctions against the attorney. The law business must be pretty slow over there in California.” Another reader says, “I do think the lawsuit is ridiculous. If Mr. Martin wasn’t satisfied, he should make his complaint known. If no remedy is found then don’t go back.” He is misusing the fact that he has a disability by pursuing this law suit.

Author: Melissa

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