| Title III of the ADA was intended to remove barriers | | | | hearing, speaking, breathing, learning, and working. |
| and make places of public accommodation for all type | | | | The Justice Department then defines the phrase "has |
| of individuals with disabilities and not just those that | | | | a record of such an impairment" means has a history |
| are wheel chair bound. The primary focus under the | | | | of, or has been misclassified as having, a mental or |
| ADA is persons with physical disabilities and includes a | | | | physical impairment that substantially limits one or |
| very broad range of disabled individuals. | | | | more major life activities. |
| The congressional committee reports and the Justice | | | | For purposes of the ADA Title III, per the Justice |
| Department look to a comparison between a disabled | | | | Department, the phrase "is regarded as having an |
| person and an average person. The Justice states | | | | impairment" means: |
| that a person with a disability is one whose important | | | | (i) Has a physical or mental impairment that does not |
| life activities are restricted as to the conditions, | | | | substantially limit major life activities but that is |
| manner, or duration under which they can be | | | | treated by a private entity as constituting such a |
| performed in comparison with most people. | | | | limitation; |
| The ADA statute defines disability as follows: | | | | (ii) Has a physical or mental impairment that |
| The term "disability" means, with respect to an | | | | substantially limits major life activities only as a result |
| individual: | | | | of the attitudes of others toward such impairment; |
| (A) a physical or mental impairment that substantially | | | | or |
| limitsone or more of the major life activities of such | | | | (iii) Has none of the impairments defined in paragraph |
| individual; | | | | (1) of this definition but is treated by a private entity |
| (B) a record of such an impairment; or | | | | as having such an impairment. |
| (C) being regarded as having such an impairment. | | | | The Justice Department also specifically excludes |
| The definition is obviously overbroad and appears to | | | | various conditions as not covered under the ADA |
| set no limitations other than it limits or impairs one or | | | | Title III as disabilities, specifically the following are |
| more major life activities. The Justice Department | | | | excluded from the "term disability": |
| which is charged with interpreting the ADA gives | | | | (i) Transvestism, transsexualism, pedophilia, |
| further definition about what is a disability. The just | | | | exhibitionism, voyeurism, gender identity disorders |
| department interprets the phrase "physical or mental | | | | not resulting from physical impairments, or other |
| impairment" as meaning as follows: | | | | sexual behavior disorders; |
| (i) Any physiological disorder or condition, cosmetic | | | | (ii) Compulsive gambling, kleptomania, or pyromania; |
| disfigurement, or anatomical loss affecting one or | | | | or |
| more of the following body systems: neurological; | | | | (iii) Psychoactive substance use disorders resulting |
| musculoskeletal; special sense organs; respiratory, | | | | from current illegal use of drugs. |
| including speech organs; cardiovascular; reproductive; | | | | Drug means a controlled substance, as defined in |
| digestive; genitourinary; hemic and lymphatic; skin; | | | | schedules I through V of section 202 of the |
| and endocrine; | | | | Controlled Substances Act (21 U.S.C. 812).a |
| (ii) Any mental or psychological disorder such as | | | | Illegal use of drugs means the use of one or more |
| mental retardation, organic brain syndrome, emotional | | | | drugs, the possession or distribution of which is |
| or mental illness, and specific learning disabilities; | | | | unlawful under the Controlled Substances Act (21 |
| (iii) The phrase physical or mental impairment includes, | | | | U.S.C. 812). The term "illegal use of drugs'' does not |
| but is not limited to, such contagious and | | | | include the use of a drug taken under supervision by |
| noncontagious diseases and conditions as orthopedic, | | | | a licensed health care professional, or other uses |
| visual, speech, and hearing impairments, cerebral | | | | authorized by the Controlled Substances Act or other |
| palsy, epilepsy, muscular dystrophy, multiple sclerosis, | | | | provisions of Federal law. |
| cancer, heart disease, diabetes, mental retardation, | | | | Individual with a disability means a person who has a |
| emotional illness, specific learning disabilities, HIV | | | | disability. The term "individual with a disability'' does |
| disease (whether symptomatic or asymptomatic), | | | | not include an individual who is currently engaging in |
| tuberculosis, drug addiction, and alcoholism; | | | | the illegal use of drugs, when the private entity acts |
| (iv) The phrase physical or mental impairment does | | | | on the basis of such use. |
| not include homosexuality or bisexuality. | | | | Minor impairments are not disabilities, some specific |
| The Justice Department provides further definition | | | | impairments that are not included are infected finger, |
| and defines major life activities. For purposes of the | | | | heartburn, simply myopia, left handedness, normal |
| ADA in public accessibility, the phrase "major life | | | | sensitivity to tobacco smoke, fear of heights, |
| activities" means functions such as caring for one's | | | | varicose veins, trick knee, crossed eyes, and usually |
| self, performing manual tasks, walking, seeing, | | | | being overweight. |