Ark. Code Ann. » Title 4 Chapter 88
Arkansas Code Annotated

Ark. Code Ann. § 4-88-201 (2020)

Definitions

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. “Elder person” means a person who is sixty (60) years of age or older.
  2. “Person with a disability” means a person who has a physical or mental impairment which substantially limits one (1) or more of such person's major life activities.
    1. As used in this subsection, “physical or mental impairment” means any of the following:
      1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one (1) or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine.
      2. Any mental or psychological disorder, including intellectual and developmental disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
    2. The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairment, cerebral palsy, spina bifida, Down syndrome, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual and developmental disabilities, and emotional illness.
  3. “Substantially limits” means substantially interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments that substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, sprains, or minor injuries.
  4. “Major life activities” include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

History. Acts 1993, No. 138, § 1; 2011, No. 68, § 1; 2019, No. 1035, § 1.

Amendments. The 2011 amendment inserted “spina bifida, Down syndrome” in (b)(2).

The 2019 amendment substituted “‘Person with a disability’” for “‘Disabled person’” in the introductory language of (b); substituted “including intellectual and developmental disabilities” for “such as mental retardation” in (b)(1)(B); and substituted “intellectual and developmental disabilities” for “mental retardation” in (b)(2).

Case Notes

Cited: Tay-Tay, Inc. v. Young, 349 Ark. 675, 80 S.W.3d 365 (2002).

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2002–2023 · leading case: Jim Ray, Inc. v. Williams, 260 S.W.3d 307 (Ark. Ct. App. 2007).
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Jim Ray, Inc. v. Williams, 260 S.W.3d 307 (Ark. Ct. App. 2007). · cites it 4× “Section 4-88-201 defines the elderly as anyone over the age of sixty.”
Altice USA, Inc. v. William Campbell, 2023 Ark. App. 123, 661 S.W.3d 720. · cites it 2× “Campbell asserted that he was entitled to compensation for Suddenlink’s alleged violations of the Arkansas Deceptive Trade Practices Act and Arkansas Code Annotated section 4-88-201 (providing for enhanced penalties for deceptive trade practices directed toward persons over…”
Carquest of Hot Springs, Inc. v. Gen. Parts, Inc., 238 S.W.3d 916 (Ark. 2006). · cites it 2× “Carquest urges that our state statutes including the AUPA, supra, the Arkansas Deceptive Trade Practices Act, Ark. Code Ann. §§ 4-88-201 — 4-88-607 (Repl.”
Tay-Tay, Inc. v. Young, 80 S.W.3d 365 (Ark. 2002). · cites it 2× “representatives filed a class-action lawsuit against Payday Advance alleging that the deferred presentment was, in fact, a loan with interest rates ranging from 300 percent to over 700 percent per annum and that the transaction violated the usury laws as provided in Article 19,…”
Altice USA, Inc. v. Pam & Jesse Runyan, 2023 Ark. App. 124, 662 S.W.3d 247. · cites it 2× “” They also claimed that they never received billing credits “for the times when services were not properly provided by Suddenlink, even though [they] paid for those services in advance.”
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