A. K. F. v. Burdette

A person is substantially limited regarding a major life activity if the impairment is restrictive “as compared to most people in the general population.” ORS 659A.104(3).

Respondent appealed a continuance of a restraining order that was initiated against him pursuant the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA). Respondent assigned error to the trial court’s finding that Petitioner sufficiently qualified as a “person with a disability” under the EPPDAPA. Respondent argued that the evidence presented at the hearing was inadequate to establish Petitioner as a “person with a mental or physical impairment that substantially limits one or more major life activities” under ORS 124.005(9). A person is substantially limited regarding a major life activity if the impairment is restrictive “as compared to most people in the general population.” ORS 659A.104(3). The Court agreed that the evidence at the hearing was insufficient to establish Petitioner as a “person with a disability” as required under ORS 410.040(7) because Petitioner's anxiety and sleeping disorders were not distinguished from the general population. Thus, Petitioner failed to meet the requisite burden of proof. Reversed.