February 23, 1993 (b)(6) XX XX XX XX XX XX Congressman Butler Derrick 315 South McDuffie Street Anderson, SC 29621 Dear Butler: I have heart disease which was discovered in onset of a heart attack. I have experienced a gre through medical and lifestyle treatment. To continue the recovery I must continue with prescribed exercise, stress control, and a healthy, balanced diet. My dietary habits must exclude caffeine, cholesterol, fats; must reduce sodium; and must increase certain nutrients. I am able to do this and have done so without exception with home prepared foods, but I must have some assistance in being able to accomplish it as a patron of food service establishments. I need for nutritional information to be supplied for all foods and condiments offered so that I may regulate my treatment regarding my disabling condition, and I need for some reasonable substitutes to be offered in certain areas. XX These two needs regarding my disability, (1) being the nutritional information and (2) certain reasonable substitutes, are the same as the needs of a large percentage of our population, including those with allergies, asthma, certain types of arthritis, many types of cancer, diabetes, obesity, and many others, as well as a growing segment of the population seeking to avoid and prevent these and other conditions. Thus, it has been hoped, since it would be "good" for all patrons as well as being needed by so many, and therefore obviously good for business in general, that these needs would have been met by food service establishments. However they have not been met except to the extent of some labeling by some fast food chains. 01-02322 Congressman Butler Derrick February 23, 1993 Page Two The Americans With Disabilities Act has been in effect since January of 1992 as to places of public accommodation and it requires that these needs be met. The Americans With Disabilities Act provides in some of the general, pertinent parts: "No individual should be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation." *** "A public accommodation shall make reasonable modifications in policies, practices or procedures when the modifications are necessary to afford goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages or accommodations." I have addressed the subject of the application of the ADA to food service establishments with labor attorneys who specialize in the ADA and it has been confirmed that these provisions do apply to impose upon food service entities the duty of assisting all of us with disabilities in the full and equal enjoyment of their offerings. These two reasonable modifications are essential to millions of Americans with disabilities and are desired by millions more who seek to prevent the onset of adverse health conditions. Yet the food service industry is ignoring the problem and I cannot find an appropriate agency to begin communicating this and enforcing the ADA. I will appreciate it if you can locate the proper, interested agency - and hopefully a named individual - with whom I could address the problem and seek the enforcement of the ADA in this area. I believe that this approach will have a long term, favorable effect on the difficult health care issue and I suggest that wellness, healthy lifestyles, and nutritious offerings in all food service establishments be incorporated into the national health care reform package. 01-02323 Congressman Butler Derrick February 23, 1993 Page Three Thank you for your attention to these remarks and thank you for whatever assistance you can provide. Let me know if you need additional information or more specific data. Sincerely, XX XX (b)(6) WHM/skc 01-02324