David Washington is not disabled, but he is obese. His excess weight was the reason he was kicked off the Henry County transit System. The Americans with Disabilities Act allows Henry County to limit the weight getting on the county transit busses.

Washington says an infection after knee surgery left him unable to drive due to medications he has to take. He says the county transit system weighed the bus with him on it and then went back and weighed it without he and his wheelchair to determine the total weight.

Julie Hoove Ernst with Henry County Communications says the county's only consideration is the safety of the transit riders and when the lift load exceeds 600 pounds they can no longer assure the safety of the riders.

Channel two Action News checked with federal authorities who said that if the lift on the bus was rated for a higher limit then they could use it to put Washington and his wheel chair on the bus.

Washington says to find the county is using the Disabilities Act against him "is quite ironic, I don't feel that is right."