Two former waitresses in Michigan are suing. Cassie Smith and Leanne Convery claim they were canned because they aren't slim enough.
Their attorney, Richard Bernstein, says it's a civil rights issue.
He tells the Detroit Free Press that Michigan law bars discrimination based on weight.
It's the only state with such a law.
Hooters officials say the law shouldn't apply because their waitresses can be considered entertainers.
The restaurant chain maintains appearance is a legitimate business concern.