Opinion
Civ. No. JFM-98-1666.
August 28, 1998.
MEMORANDUM
Plaintiff, Abrom D. Hayes, has brought this action against defendants Volunteers of America ("VOA") and its Vice President, Steve Abbott, Prince George's House, Ruth Ramsey, the Program Director at Prince George's House, Andrew Cuomo, the Secretary of the Department of Housing and Urban Development, Prince George's County Government, Gretchen Crosland, the Vice President of Maryland Operations at Volunteers of America Chesapeake, Parris Glendening, the Governor of the State of Maryland, and Kenneth Ramsey, the Interim Director of the Maryland Department of Social Services. Mr. Hayes alleges that defendants violated the Fair Housing Act ("FHA") and the Americans with Disabilities Act ("ADA") by providing inadequate ventilation in the Prince George's House homeless shelter. Defendants VOA, Abbott, Cuomo, Ramsey, Crosland, and Prince George's House have filed motions to dismiss the action and motions for summary judgment. Their motions will be granted, and this Court will sua sponte grant summary judgment for the remaining defendants.
The defendants who filed motions have based those motions on a variety of grounds, including issues of standing and their individual lack of involvement with Prince George's House. Because I find fundamental deficiencies in Mr. Hayes's substantive claims, I need not decide the motions on those procedural grounds.
I.
Mr. Hayes entered the Prince George's House, a homeless shelter for single men, as a resident on or about December 16, 1997. The facility is centrally heated and air-conditioned. The shelter assigned Mr. Hayes to a handicapped bed because of the recurring heart problems that he described to the staff during intake. However, Mr. Hayes felt that the ventilation in the shelter was poor or inadequate and that it aggravated his heart condition. On January 5, 1998, an ambulance took Mr. Hayes to Prince George's General Hospital where he was treated and released. He was again taken by ambulance to the hospital on February 4, 1998, and again he was treated and released. On February 12, 1998, Mr. Hayes requested a seven day pass to leave the shelter and stay with friends to improve his health. The pass request was granted. After the pass expired, Mr. Hayes submitted another leave request, which was denied. However, he was away from the shelter without leave for the next few days, and he voluntarily left the shelter with his personal property on February 23, 1998.II.
Mr. Hayes contends that defendants violated the FHA and the ADA by having poor ventilation in Prince George's House. Both the FHA and the ADA define "handicapped," or "disabled," respectively, to mean:
(1) a physical or mental impairment which substantially limits one or more of such person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment.
42 U.S.C. § 3602(h); 42 U.S.C. § 12102. Mr. Hayes's records show that he has a history of heart disease which causes him to suffer recurring heart failure. Around the time of his entry into the shelter, he had also been diagnosed with pneumonia and bronchitis. While these respiratory problems constitute a physical impairment, Mr. Hayes has failed to demonstrate that the impairment "substantially limits" one or more of his "major life activities." The record shows that he was diligently pursuing work outside the shelter, which involved his requesting and using several overnight passes to pursue business opportunities. He has not alleged nor produced evidence that his medical condition placed any significant restrictions on his ability to perform his major life functions, which include "caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working." 28 C.F.R. § 35.104. While some of these tasks may have been more difficult for Mr. Hayes because of his illness, as reflected by his need for minor accommodations such as rest periods, the relevant standard is significant restriction or substantial limitation. He has neither alleged nor produced evidence that his impairment met that standard.
Mr. Hayes's temporary impairments due to his bouts with pneumonia and bronchitis do not constitute disabilities under the statutes. See Halperin v. Abacus Technology Corp., 128 F.3d 191, 200 (1997) (refusing to extend the ADA to temporary ailments). Furthermore, the fact that the Social Security Administration has found that Mr. Hayes is entitled to disability benefits does not mean that he is disabled or handicapped under the definition of the FHA or the ADA. The relevant standards for those determinations are very different. Because Mr. Hayes has not shown himself to be disabled or handicapped within the statutory definitions, he is not protected under either of these statutes.
For these reasons, defendants' motions to dismiss are granted, and I will sua sponte dismiss the case against the remaining defendants. A separate order to that effect is being entered herewith.
ORDER
For the reasons stated in the memorandum entered herewith, it is, this 28th day of August, 1998
ORDERED
1. Defendants Andrew Cuomo, Steve Abbott, Volunteers of America, Ruth Ramsey, Gretchen Crosland, and Prince George's House's motions to dismiss are granted; and
2. The claims against the remaining defendants are dismissed sua sponte.