European Stars and Stripes (Newspaper) - November 14, 1993, Darmstadt, Hesse                                Sunday november 14, 1993 the stars and stripes Page 9 Washington a some obese people Are protected from discrimination under the americans with disabilities act regardless of whether the weight was caused by disease or poor diet the government is arguing in court. If a Federal appeals court accepts that interpretation or the Law some obese people could be helped in resolving employment conflicts or even in getting comfortable seating in movie Heaters. Quot before if something was deemed voluntary it Wasny to a disability Quot Peggy Mas Troianni director of disabilities pm icy for the equal employment Opportunity commission said Friday. Quot that had some very disturbing implications. What if someone became paraplegic because they participated in a dangerous sport Quot she said. The Leoc in a Brief filed in a court Case from Rhode Island said someone who is morbidly obese has a disability even if disease did not cause the persons weight. Morbid obesity is a medical term that Manassas a. Apr the woman who plans an insanity defense at her trial for cutting off her husbands Penis agreed Friday to undergo psychiatric evaluation a prosecutor said. Lorena Bobbitt said her husband forced sex on her prompting her attack. John Wayne Bobbitt was acquitted of sexual assault wednesday. Lorena Bobbitt agreed to see a doctor Means 100 percent Over Normal weight. If someone is merely obese a 50 pounds overweight for example a that person also could have a disability protected under this interpretation of the act but Only if the obesity were caused by a disease. But the Leoc stressed that any obesity complaints filed under the disabilities act would be considered Quot on a Casc by Case  lawyers say the decision probably would not affect a lot of people but nevertheless is significant. Quot any time someone is discriminated against because of a physical characteristic,1that should fall under the Ada Quot said Jim Goodman of the persons with disabilities Law Center in Atlanta. A it will make a difference in accommodation of obesity. What does a movie theater do about seating what does an airline do a Goodman is representing a woman in. Tennessee who wants to bring her own chair to movie Heaters putting it in the wheelchair Section because she cannot fit into the regular seats. Mastroianni would not speculate on How far reaching the Leoc decision might be. Quot but my sense is there a a movement out there toward ending discrimination against the obese that has a life of its own beyond the Ada Quot she said. A the act will resolve some things but not  Sally Smith executive director of the National association to Advance fat acceptance agreed. Quot what about someone who a 50 percent overweight or 50 pounds overweight a she asked. Quot for most fat people its not a disability so this does t address the whole  the act protects obese people in cases where the obesity severely limits them and is caused by a physical disorder. It also protects people who Are not limited but Are regarded As disabled because of obesity. From a state mental Hospital before her scheduled nov. 29 trial said Mary Grace of Brien an assistant prosecutor in Prince William county. A she is pleading insanity so the state requests psychiatric information be provided to us to defend against the defense a of Brien said. The psychiatric exam could delay the trial because both sides will need time to evaluate results a court official said. No using that second provision the Leoc filed a Brief in july on behalf of Bonnie Cook of a Rhode Island. The 300 Pound woman was turned Down for an attendants Job at a state school for the mentally impaired the same Job she had twice held earlier when one weighed about 100 pounds less. _ a jury last year determined she had probably been discriminated against and reinstated her with $100,000 in damages. Rhode Island appealed. The 1st . Circuit court of appeals is expected to Rule soon. The Leoc Brief pointed out that Cook is protected under the disabilities act because her employer apparently thought her weight impaired net even though she said she had no limitations. But the commission also took the Opportunity to clarify the definition of obesity it will use in enforcing the act. It said that even if an obese person could lose weight a it is hot necessary that a condition be involuntary or immutable to be covered.�?�. See Date for the exam was set. Lorena Bobbitt 24, will claim she was temporarily insane when she sliced off her 26-year-old husbands Penis with a Kitchen knife june 23, said Ner attorney James Lowe. Lowe did not immediately return Telephone Calls Friday. At her husbands trial Lorena Bobbitt sobbed on the witness stand As she described two alleged rapes in the four Days leading up to the mutilation. She said she Cut her husband As he slept then fled their Home clutching the severed Organ. Police found it on a Roadside where Lorena Bobbitt had Flung it from her car window. It was. Reattached surgically and doctors said the husband is recovering Well. Lorena Bobbitt faces up to 20 years in prison if convicted. She and her husband Are seeking a divorce. Case against aids Washington a the government was forced to drop charges of misconduct against aids researcher Robert c. Gallo because there was not enough evidence to prove the Case a lawyer says. Joseph Onek an attorney representing Gallo said Friday that the Public health services office of research integrity knew it would by unable to substantiate charges of misconduct in a proceeding where witnesses and evidence would be subject to close Public examination. Quot the reason that they did no to pursue the Case is that the Gallo Ori knew that it  prove its false charges before a fair and Independent tribunal a Onek said. Gallo in a statement released by Onek said he is Quot completely  the 56-year-old scientist is the co discoverer of the aids virus and head of the Laboratory of tumor cell biology at the National cancer Institute. In announcing that the charges against Gallo were being dropped the orig a chief. Or. Lyle w. Bivens said the action was taken because Quot a new definition of scientific misconduct Quot was being used by a health and human services departmental review Board that was to hear the Case. The review Board recently ruled that the or had failed to prove misconduct in a related Case against or. Mikulas Popovic a senior scientist in Gallons lab. Bivens said that based on the Popovic decision a it is Clear that the panel now applies different standards from those applied by the Ori to review findings of scientific  recent decisions by the review panel Bivens said Quot make it extraordinarily difficult for Ori to defend its Legal determination of scientific misconduct regarding or.  Onek called Bivens statement a outrageous Quot and hinted at future Legal action for his client. A the never got his Day in court a the lawyer said. Quot but that May happen  Onek said Gallo was not available for comment but in a statement welcoming the action the scientist said Quot i will now be Able to redouble my efforts in the fight against aids and  both Popovic and Gallo were found guilty of misconduct by an Ori decision returned last december. Both appealed. Gallo had been found guilty of failing to give proper credit to other researchers of making a misstatement in a science Public. Cation regarding culturing of the aids virus and of restricting distribution of a cell culture. Onek said that the misstatement involved a single sentence that could be interpreted in different ways. He said he had Strong evidence to contradict the other allegations. Some in the scientific Community said the murky conclusion of the Long investigation leaves a Cloud Over Gallons reputation. Nobel prize Winner Howard m. Temin of the University of Wisconsin said the whole investigation of Gallo was a a Witch Hunt Quot that uncovered Only trivial charges. None of the charges said Temin had anything to do with the Basic Validity of the scientific findings of the Gallo Laboratory. 3 Scire Steps to higher prying Job skills from Mac a Tadeu itt cup Tex Home Simiu ctr Trutwi a my hands on training with i8ahxmpa Tibt a equipment. 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