Cheeseburger with a Side of Binding Arbitration

Ellen Dannin of Workplace Prof Blog has the story of a mandatory arbitration notice posted to the door of a Whataburger fast-food restaurant.  The agreement states that:

"By entering these premises, you hereby agree to resolve any and all disputes or claims of any kind whatsoever, which arise from the products, services or premises, by way of binding arbitration, not litigation.  No suit or action may be filed in any state or federal court.  Any arbitration shall be governed by the FEDERAL ARBITRATION ACT, and administered by the American Mediation Association."

According to the article, it turns out that the "American Mediation Association" is just some guy.  Or more specifically, the law office of "Robert Smith & Associates."

Dannin writes "Years ago, I argued that the Supreme Court's arbitration jurisprudence would just about let a grocery store compel a customer's arbitration merely by printing an arbitration clause on a grocery receipt. It now appears that we have sunk so low."

So, now that the Constitution is officially an opt-out arrangement, maybe I should look into producing a line of clothing that has a mandatory arbitration clause printed right on the front of your shirt.  "By looking in my direction you hereby agree to give up your Constitutional rights and agree to arbitrate any and all claims by using this guy over here who is on my payroll." 

That sounds fair, doesn't it?