According to the NIDDR Long Range Plan, one future area of disability research is to consider the impact of emerging disability populations. One such disability that has increased dramatically over the past decade is the amount of Americans who are morbidly obese. Morbid obesity is generally considered to be individuals who are 100 pounds or more over normal weight standards. Morbid obesity can be considered to be a disability which is covered under the Americans with Disabilities Act (ADA). Although obesity is assocated with limits other body systems, including cardiovascular, orthopedic and psychological, I will be looking primarily at the limitations of obesity imposed simply on the size of a morbidly obese body. The main discussion for this paper is to assess the aforementioned impact of morbid obesity on public accommodations as described in the ADA. The evidence suggests that there are more people who are considered morbidly obese than those who require chronic use of a wheelchair. Therefore it may be prudent to consider ways that the obese can be included in the mainstream of American society.
Background.
In medical terminology, a body weight that is 100% or more over the normal weight is deemed to be morbid obesity (Footnote Merck Manual 950,953 (15th ed. 1987). .
Morbid obesity is covered under the ADA, but not in a blanket way. The courts have indicated that .
In the case Cook v. State of Rhode Island, Dept. of MHRH, 10 F. 3 d 17 (1st Cir. 1993)., the court based its analysis on the Rehabilitation Act's regulatory framework for a perceived disability case. Under the regulatory framework, a person "is regarded as having an impairment" if (a) he or she has a physical impairment that does not substantially limit a major life activity but that is perceived by an employer as constituting such a limitation; or (b) has a physical impairment that substantially limits major life activities only as the result of the attitudes of others toward such impairment; or (c) has none of the impairments but is treated as having such an impairment.
