Obesity in the Headlines

March 18, 2004 - St. Paul Pioneer Press

WISCONSIN SENATE: Governor vetoes ban of lawsuits by obese

BY TODD RICHMOND
Associated Press

MADISON, Wis. - Gov. Jim Doyle vetoed legislation Wednesday that would have banned portly Wisconsin residents from suing restaurants and food manufacturers over their obesity, saying it was unneeded.

Doyle wrote in his veto message that few such lawsuits have been filed nationally. None have been filed in Wisconsin, the governor said.

"We have a court system that handles disputes. Here, we haven't even had any disputes to be handled, and it's just sort of saying we don't trust the courts to handle cases," Doyle said. "I just don't think you need to go around and find solutions where problems don't exist."

Rep. Dan Vrakas, R-Hartland, the legislation's main sponsor, said he would ask legislative leaders to schedule a veto override vote later this year. He said the mere threat of such lawsuits could be enough to drive up business costs for restaurants.

"I think the governor is siding with people that feel we can blame others for decisions and choices that we make," said Vrakas, whose family owned a Waukesha restaurant for more than 40 years. "I'm choosing to side with people that feel decisions on how and what we eat are their own personal responsibility."

The state Assembly and Senate approved the lawsuit legislation amid a national debate over obesity and Americans' eating habits. In Wisconsin, almost 58 percent of residents are either overweight or obese, according to the national Centers for Disease Control and Prevention. The state's obesity rate nearly doubled in the decade ended in 2001.

The legislation would have granted liability from obesity lawsuits for food manufacturers, marketers, packers, advertisers, distributors or sellers. That means companies who make Wisconsin favorites - such as brats, cheese and ice cream - would have been protected as well as restaurants that serve the food.

As of March 1, only Louisiana had a law banning such lawsuits, but at least 19 states were considering similar legislation, according to the National Conference of State Legislatures.

Sara Stinski, a spokeswoman for the Wisconsin Restaurant Association, said she was disappointed. It's only a matter of time before someone sues a Wisconsin restaurant for making them fat, she said.

A judge could decide at some point to dismiss such suits, but restaurants still will rack up legal fees defending themselves in the meantime, Stinski said.

"Our concern was sparing members of our industry going through that," she said.

Doyle said he didn't think restaurants have been burdened by obesity lawsuits yet.

Still, Stinski said people need to shed their victim mentality.

"It's Civics 101," she said. "If you want freedom of choice, you also have to take individual responsibility."

The governor also vetoed a bill Tuesday that would have changed the standard for admitting lay and expert witness testimony in Wisconsin courts and administrative hearings to conform with federal rules. Doyle said in a statement there's no proof the state's existing rules such testimony have produced unfair or illogical results.