504 -- Eating as a Major Life Activity (McCobbre)

[ajasfolks2]

http://allergy.hyperboards.com/action/view_topic/topic_id/4809

Opening Post:
McCobbre

Posted: Jun 7th, 2008 at 12:44 pm
Here is what we put for eating as a major life activity.  It could be stronger, but this is what we went with.

I do think this helped us get the food free classroom. 

I'm putting this up, because I hope it is helpful for others and that they can use what's relevant and build on it.

Eating
In Fraser v. Goodale, 342 F.3 1032 the Ninth Circuit held that "broadly speaking, eating is a major life activity.   However, eating specific types of foods, or eating specific amounts of food, might or might not be a major life activity. If a person is impaired only from eating chocolate cake, he is not limited in a major life activity because eating chocolate cake is not a major life activity.  On the other hand, peanut allergies might present a unique situation because so many seemingly innocent goods contain trace amounts of peanuts that could cause severely adverse reactions."

<<DSName>> can eat in the literal sense that he can chew and swallow and digest without difficulty; it is the type of food which limits this major activity. He lives with the constant awareness that unsafe food, should he eat it, could kill him. He can�t eat in the same environment where other children are consuming his allergen, because that would put him at risk.  Food of any kind not provided by his parents is a potential danger, not a source of pleasure and nutrition. For most people, food is a sign of hospitality and welcome; for a child with life threatening food allergies, it is frequently a cause for isolation and fear.

Food is frequently used in the classroom, whether for celebrations or as a learning manipulative.  If the food isn�t safe, <<DSName>>�s life is at risk.

Again, 504 Fairy (and you know who you are), if you want me to cite you, or if I need to remove something to make things easier for your SD, let me know.

[ajasfolks2]

Follow on posts:

ajasfolks2

. . . it is frequently a cause for isolation and fear.

I might insert the word exclusion into that (redundant, yet includes  terminology that I feel needs to be highlighted for the "get it" factor):

. . . it is frequently a cause for isolation, exclusion, and fear.

Of course, totally my own experiences.   

Gail

Just adding that the ADA amendment (that goes into effect on January 1, 2009) specifically lists "eating" as one of the major life activities.