MAR 14 1996


The Honorable Mark E. Souder
Member, U.S. House of Representatives
3105 Federal Building
1300 S. Harrison Street
Fort Wayne, Indiana 46802

Dear Congressman Souder:

        This letter is in response to your inquiry on behalf of your
constituent, XX               , regarding obesity. XX
feels that seating should be made available at such places as
restaurants and doctors' offices for persons who are severely
overweight. The response to your letter was delayed because of
the shutdown of the Federal government. I apologize for any
inconvenience to your constituent.

        The Americans with Disabilities Act of 1990 (ADA) prohibits
discrimination on the basis of disability. However, in order to
be viewed as a disability under the ADA, an impairment must
substantially limit one or more major life activities.

        Being overweight is generally not, by itself, an impairment.
On the other hand, severe obesity, which has been defined as body
weight more than 100% over the norm, is an impairment. Whether
the impairment of severe obesity rises to the level of a
disability depends on whether the obesity substantially limits a
major life activity, such as walking. Therefore, except in rare
circumstances, obesity would not be considered a disabling
impairment.

        I hope this information is useful to you in responding to
your constituent.

                                Sincerely,

                             Deval L. Patrick
                        Assistant Attorney General
                          Civil Rights Division

cc:     Records, Chrono, Wodatch, McDowney, Milton, FOIA
        n:\udd\milton\congress\obesity.sou\sc. young-parran
01-04154

        Dear Congressman Souder
        I am writting to address to you
a problem I've come across and it
needs your attention. Please take
this befor congress as a law.

        Now, here is the problem that my
Wife and millions of others face.

        You see, my Wife and 4 other people
I know are heavy set. As you may know
being heavy set is also a disability just
like or about like being crippled. My
Wife and these other people go into Law
Offices, Doctors Offices, Dentists, some
Resturants and even Court Rooms. Most
of thease places have seating for people who
are small built by having chairs with
arms on them. Well, a heavy set
person is unable to set in thease chairs
because the arms are too close together.
They can't set in Booths at Resturants
because the seats are too close to the table.

        So when my wife and I go to a
Doctors office she may have to stand for
as much as an hour to an hour and
a half waiting to be seen. How would
you feel if you had to stand for an
hour waiting to get into seeing a doctor
and you have trouble with your legs
and feet hurting because of the weight?

        Thease places should be made to
have seating for thease people. I've
brought it to the attention of Doctors
and Dentists and they said they
01-04155

will not change there seating for
anyone. Its just unfair to thease
people. They should have the right
to set comfertable just as much as a
skinny or thin person. Don't you
think so? Pleas write back and
give me your insight on this problem.
Can you do anything with this?

                        Sincerely,

                        XX
P.S.
        The Huntington Co.
Hospital is an example of such
places without proper seating
arrangements. You can also check
Dr. Boyed's. office down by I69
behind the car wash and McDonalds,
and almost any other doctors office in
Ft. Wayne and Huntington. You can
also check Dr. Cox ILLEGIBLE office in ILLEGIBLE
accross from the Hospital. If you need
addresses of thease people I can get
them for you. All McDonalds, Bugar
King, Harrdies and most Fast food
places have Booths with attached chairs
you can't move. Take a heavy set person
to one of thease places to see how much
trouble they have setting.
01-04156