Plaintiffs’ impairments also “substantially limit” them in major life activities, which include caring for one’s self, walking, and interacting with others. See 28 C.F.R § 35.104 (listing “major life activities”); Jacques v. DiMarzio, Inc., 386 F.3d 192, 202 (2d Cir. 2004). Plaintiffs’ burden to show that a major life activity is substantially limited by their impairments is not a “demanding standard,” and they need not show that impairments “significantly or severely restrict the individual from performing a major life activity in order to be considered substantially limiting.”

The ADA implementing regulations define “auxiliary aids and services” to include qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments. 28 C.F.R § 35.104. Section 504 implementing regulations define “auxiliary aids” to include “brailled and taped material, interpreters, and other aids. . . .” 45 C.F.R. § 84.

“Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual.” 28 C.F.R. § 35.104. Plaintiff Harthorn is a qualified person with a disability.

The 6 The term “auxiliary aids and services” includes TTYs. 28 C.F.R. § 35.104. Case 2:16-cv-00384-JJT Document 50 Filed 07/29/16 Page 6 of 19 LITTLER MENDELSON, P.C.

The phrase “physical or mental impairment” means 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Defendants’ Motion to Dismiss Second Amended Complaint 15-CV-03113EJD “any mental or psychological disorder” including “emotional or mental illness.” 28 C.F.R. § 35.104. The phrase “a record of such an impairment” means having “history of . . . mental or physical impairment that substantially limits one or more major life activities.”

STATEMENT OF THE CASE 1. The Amended Complaint [DE 8] pleads for injunctive relief pursuant to Title II of the Americans with Disabilities Act (“ADA”) as amended 42 U.S.C. 12131(1) and 28 C.F.R. 35.104 and regulations thereto, and for compensatory and punitive damages pursuant to the Florida Civil Rights Act as codified in Florida Statutes Chapter §760. 2.

The regulations implementing the ADA define a "qualified individual with a disability" as: "An individual with a disability who, with or without reasonable modifications to rules, policies or practices, . . . meets the essential eligibility requirements for the . . . participation in programs or activities provided by a public entity." 28 C.F.R. § 35.104 (1993). 9.