# 184


III-2.1000
III-2.4000                                   March 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, Mr. XXXXXXXXXXXXX, regarding obesity.  Mr. XXXXXXX
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