Sep. 6, 2003 - If eating the 5 Spot's newest decadent dessert gives you love handles, a spare tire or junk in the trunk, don't blame the Seattle restaurant. Really. 

Diners who order The Bulge -- a gooey concoction of sugar-coated fried banana, ice cream, macadamia nuts, whipped cream and two kinds of syrup -- must sign a waiver promising not to file an "obesity-related lawsuit" if they gain an extra chin. 

The waiver is part publicity stunt, part political statement aimed squarely at the lawyers bringing "fat suits" against fast-food restaurants, including McDonald's. 

"It kind of got our dander up, and we thought we'd have a little fun with it," Peter Levy, a co-owner of the 13-year-old Queen Anne restaurant. 

Levy and partner Jeremy Hardy introduced the dessert last night with the accompanying paperwork. 

The waiver reads in part: "I release the 5 Spot from all liability of any weight gain that may result from ordering and devouring this sinfully fattening treat. If I have to go to 'fat camp' at some time in my life, I will not mail my bill to the 5 Spot." 

A federal judge in New York dismissed a lawsuit against McDonald's on Thursday, saying the hamburger chain didn't misrepresent its food as nutritious. The same judge, Robert Sweet, threw out an earlier version of the lawsuit, which claimed McDonald's food caused health problems in children. Sweet ruled that it wasn't the court's role to protect consumers "from their own excesses." 

The Bulge was inspired by an adviser to that suit, John Banzhaf III, a George Washington University Law School professor. 

"He wants to regulate the way people eat because he thinks we're all stupid Americans," said Levy, whose 120-seat restaurant specializes in comfort food like fried chicken and biscuits and gravy. 

"I applaud the work he did (against) the tobacco industry, but the food industry isn't covering up what they're serving people. People are just electing to eat it." 

Banzhaf, who won judgments against tobacco companies in the 1990s, is now targeting obesity as the latest public-health menace. He's known locally for threatening to sue the Seattle School Board if it renewed a contract to sell Coca-Cola in schools. 

Banzhaf couldn't be reached for comment last night, but he's aware of the 5 Spot's liability waiver -- he sent out a news release about it. 

As for the calorie content of the fried banana dessert, the 5 Spot's owners don't know and don't particularly care. 

"We wanted something absolutely delicious and fattening," Levy said. "How much tofu can a person eat?" 

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