The Honorable Eleanor Holmes Norton

Member, U.S. House of Representatives

815 15th Street, N.W., Suite 100
Washington, D.C. 20005-2201

Dear Congresswoman Norton:

This letter is in response to your inquiry on behalf of your

constituent, XX , concerning her rights under the
Americans with Disabilities Act of 1990 ("ADA"). XX , who
states that she is "extremely overweight" states that Darrell's
Barber Shop refused to provide service to her recently, telling
her that she might break the barber chair.

Barber shops are subject to the nondiscrimination

requirements of title III of the ADA. The ADA defines
"disability" to include any physical or mental impairment that
substantially limits one or more of an individual's major life
activities, such as walking, seeing, hearing, speaking,
breathing, learning, working, or caring for oneself. The
definition is a broad one, however, being overweight is generally
not considered to be a disability that entitles an individual to
protection under the ADA. Some courts have determined that an
individual who is morbidly obese -- weighs either more that twice
one's optimal weight or more than one hundred pounds over one's
optimal weight -- may be entitled to the protections of the ADA,
if an individual is substantially limited in a major life
activity.

A review of the matter raised by XX indicates that

there is insufficient information to determine whether she would
be considered a person with a disability within the meaning of
the ADA. In any event, while we would have authority under title
III to investigate this matter, we could take enforcement action
only where there is a pattern or practice of discrimination or
discrimination involving an issue of general public importance.
We have determined that action by the Department is not warranted
in this matter.
01-03650

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XX has other options, however, including contacting

local authorities, disability rights groups, organizations that
provide alternative dispute resolution services (such as
arbitration or mediation), or contacting a private attorney. For
your constituent's convenience, we have enclosed a list of
organizations serving your area. These listings come from
various sources, and our office cannot guarantee that they are
current and accurate. These groups may, however, be able to
refer XX to regional or national groups with a focus on
the particular matter at issue here. Other contact options
include the District of Columbia Bar Association and the Better
Business Bureau.

You may also wish to inform XX that further

information is available through our Americans with Disabilities
Act Information Line at (800) 514-0301.

I hope this information is useful to you in responding to

your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division

Enclosure
01-03651

Honorable Eleanor Holmes-Norton

Washington, D.C. Representative
815 15th St., N.W.
Washington, D.C. 20007

Dear Hon. Holmes-Norton:

On January 14, 1995 I placed a call to Darrell's Barber Shop to get

an appointment for a haircut and eye brow arch. I spoke to the barber
who cut my hair on December 10, 1994 XX and he told me to come in
at 1:30 p.m. I arrived approx. 1:45 p.m. and sat while he was cutting
a customer's hair. He finished with him approx. 2:05 p.m. at which time
a lady who came in after I did sat in XX chair. I was concern due
to the fact I was next in line. XX came over to me and informed me
that the owner requested that I not get my hair cut in his place because
I might break his barber chair. I was not only shocked but hurt and humi-
liated. I ask XX why was he just telling me now and not on the phone
when I called him, he replied by saying he didn't know at that time. He
later informed that it was not of his doing it was at the owners request.
XX then said he would come to my home after he get off around 5:30 p.m.
and cut my hair and I gave him my address and phone number because my whole
schedule was mess up so I asked that he would call me first but I never heard
from him.

I am wondering why and how did the owner know I was coming if XX didn't
inform him plus I believe the owner was in the shop cutting a little boy's
hair at the time and did not approach me or XX and why did XX wait
until he cut the customer's hair to tell me this?????

I am a African-American woman who is extremely overweight but I am still proud

of who I am and at this time I am suffering a set back in emotion where I need
my hair cut but I am experiencing a phobia of going into a barber shop or
any hair establishment to receive services for fear of being humiliated.
The most hurting factor of all, this is a BLACK Establishment.

I feel I was clearly discriminated, please can you help me???? Your immediate
attention is needed in this matter.

I can be reached on XX all day every day.

Sincerely,
XX
XX

CC: Del Walters-Seven on your side

Oprah Winfrey
Dept. of Human Rights and Better Business
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