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  • Posted by $ 25n56il4 1 year ago
    As the mother of two sons who served in the U. S. Army and participated in sports, men and women have different muscle mass. I wouldn't expect a woman to whack a volleyball, baseball, tennis ball or football with the same strength one of my sons could do so. NB
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  • Posted by $ Commander 1 year ago
    This is excerpted from the 217 page publication.
    Title III, Public Accommodation, reflects the same language and was passed in Jan.of 2019. Oh how co-incidental.


    ADA Title II Regulations


    PART 35—NONDISCRIMINATION ON THE
    BASIS OF DISABILITY IN STATE AND
    LOCAL GOVERNMENT SERVICES
    (as amended by the final rule published on
    September 15, 2010)
    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510;
    42 U.S.C. 12134.
    Subpart A—General
    § 35.101 Purpose.
    The purpose of this part is to effectuate subtitle
    A of title II of the Americans with Disabilities
    Act of 1990 (42 U.S.C. 12131), which prohibits
    discrimination on the basis of disability by public
    entities.

    Public entity means—
    (1) Any State or local government;
    (2) Any department, agency, special purpose
    district, or other instrumentality of a State or
    States or local government; and
    (3) The National Railroad Passenger
    Corporation, and any commuter authority (as
    defined in section 103(8) of the Rail Passenger
    Service Act).

    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; a record of such an impairment; or being regarded as having such an impairment.
    (1)
    (i) The phrase physical or mental impairment means—
    (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine;
    (B) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
    (ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
    (iii) The phrase physical or mental impairment does not include homosexuality or bisexuality.

    (4) The phrase is regarded as having an impairment means—
    (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation;
    (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity as having such an impairment.
    (5) The term disability does not include—
    (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
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