A 290-pound New York man is suing fast food chain White Castle because he is unable to fit into the restaurant’s booths. For two years, Martin Kessman complained to the restaurant’s management about the problem.

Although he claims he received condescending responses, the restaurant eventually sent him coupons for free burgers and promised to expand the size of the booths.

But Kessman says White Castle didn’t act fast enough, and now he has filed suit, claiming the fast food chain is violating the Americans with Disabilities Act.

A White Castle spokesman said the restaurant is undergoing renovations and the new one will have larger booths.