Marie Land, Individually & as Nat. Guardian of Megan Land, a Minor v. Baptist Med. Ctr., 164 F.3d 423 (8th Cir. 1999). · Go Syfert
Marie Land, Individually & as Nat. Guardian of Megan Land, a Minor v. Baptist Med. Ctr., 164 F.3d 423 (8th Cir. 1999). Cases Citing This Book View Copy Cite
70 citation events (55 in the last 25 years) across 24 distinct courts.
Strongest positive: Clark v. Sarpy County (ned, 2020-04-10) · Strongest negative: Lawson, John v. CSX Transportation (ca7, 2001-03-26)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Limited Lawson, John v. CSX Transportation (2×) also: Cited as authority (rule)
7th Cir. · 2001 · confidence medium
See, e.g., Weber v. Strippit, 186 F.3d 907, 914 (8th Cir. 1999) (unspecified "dietary restrictions" prescribed for treatment of heart disease were "moderate limitation[ ]" on eating), cert. denied, 120 S. Ct. 794 (2000); Land, 164 F.3d at 425 (child with peanut allergy was not substantially limited in eating because allergy impacted "her life only ’a little bit’" and only prohibited her from eating foods containing peanuts or their derivatives); Shields v. Robinson-Van Vuren Assocs., Inc., No. 98CIV8785DLC, 2000 WL 565191 , at *2-5 (S.D.N.Y.
examined Limited John Lawson, Sr. v. Csx Transportation, Incorporated (4×) also: Cited as authority (rule)
7th Cir. · 2001 · confidence medium
See, e.g., Weber v. Strippit, 186 F.3d 907, 914 (8th Cir. 1999) (unspecified "dietary restrictions" prescribed for treatment of heart disease were "moderate limitation[ ]" on eating), cert. denied, 120 S. Ct. 794 (2000); Land, 164 F.3d at 425 (child with peanut allergy was not substantially limited in eating because allergy impacted "her life only 'a little bit'" and only prohibited her from eating foods containing peanuts or their derivatives); Shields v. Robinson-Van Vuren Assocs., Inc., No. 98CIV8785DLC, 2000 WL 565191 , at *2-5 (S.D.N.Y.
cited Cited as authority (rule) Clark v. Sarpy County
D. Neb. · 2020 · confidence medium
Ctr., 164 F.3d 423, 424-25 (8th Cir. 1999); McLorn v. Cmty. Health Servs., 456 F. Supp. 2d 991, 995-97 (S.D.
discussed Cited as authority (rule) Cea v. Cobb-Vantress, Inc.
W.D. Ark. · 2019 · confidence medium
Ctr., 164 F.3d 423, 425-26 (8th Cir.1999) The Eighth Circuit has previously held that “[s]tatutory disability requires permanent or long-term limitations” and an “asserted inability to work while recovering from surgery is simply not evidence of a permanent impairment.” Heintzeiman v. Runyon, 120 F.3d 143, 145 (8th Cir. 1997) (citing 29 C.F.R. app. § 1630.2(j) (‘temporary, non-chronic impairments of short duration, with little or no long term or permanent impact, are usually not disabilities’); McDonald v. Penn.
discussed Cited as authority (rule) J.D. by Doherty v. Colonial Williamsburg Found.
4th Cir. · 2019 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir. 1999) (finding plaintiff’s allergies did not constitute a disability because she could avoid peanut products).
discussed Cited as authority (rule) Hustvet v. Allina Health Sys.
D. Me. · 2017 · confidence medium
No. 32.) Allergies and sensitivities may be indicative of an immune system disorder, ( see Chiesa Dep. 74:11-75:3), but Hustvet has not shown that these conditions substantially impaired the functioning of her immune system, see Land , 164 F.3d at 425 (finding that a peanut allergy did not render the plaintiff disabled); Robinson v. Morgan Stanley & Co. Inc. , 269 Fed.Appx. 603 , 607-08 (7th Cir. 2008) (unpublished) (similar, perfumes and fragrances); Gallagher v. Sunrise Assisted Living of Haverford , 268 F.Supp.2d 436 , 440-41 (E.D.
cited Cited as authority (rule) Lopez-Cruz v. Instituto De Gastroenterologia De P.R
D.P.R. · 2013 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir.1999); Miles-Hickman v. David Powers Homes, Inc., 589 F.Supp.2d 849, 861 (S.D.Tex.2008)(collecting cases); Gits v. Minn. Min. & Mfg.
cited Cited as authority (rule) Kapche v. Holder
D.C. Cir. · 2012 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir.1999); Forest City Daly Hous., Inc. v. Town of N. Hempstead, 175 F.3d 144 , 151 (2d Cir.1999). 7 .
discussed Cited as authority (rule) Pace v. State
Md. Ct. Spec. App. · 2010 · confidence medium
See generally Heather Martone, Note and Comment, 2.2 Million Children Left Behind: Food Allergies in American Schools —A Study of the Food Allergy and Anaphylaxis Management Act, 18 J. of Law & Policy 775, 777 (2010) ("There is currently no federal law establishing guidelines for food allergies in American schools.”); Michael Borella, Note, Food Allergies in Public Schools: Toward a Model Code, 85 Chi-Kent L.Rev. 761, 769 (2010) (observing: "In Land v. Baptist Medical Center, *46 [ 164 F.3d 423, 425 (8th Cir.1999),] ... the Eighth Circuit held that a child with a peanut allergy was not 'su…
discussed Cited as authority (rule) Taylor v. CITY OF FRIDLEY
D. Minnesota · 2009 · confidence medium
Under Land v. Baptist Medical Center, such a limited allergic reaction does not substantially limit a person’s major life activities for purposes of the ADA. 164 F.3d 423, 425 (8th Cir.1999); see also Heilweil v. Mount Sinai Hosp., 32 F.3d 718, 723-24 (2d Cir.1994) (holding that plaintiff with work-aggravated asthma was not disabled under the Rehabilitation Act with respect to either breathing or working); Miller v. AT & T Network Sys., 722 F.Supp. 633, 639-40 (D.Or.1989), aff'd, 915 F.2d 1404 (9th Cir.1990) (holding that plaintiff with asthma that prevented working in extreme temperatures w…
cited Cited as authority (rule) Pandey v. Bio-Medical Applications of Minnesota, Inc.
D. Minnesota · 2009 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir.1999); see also Gutridge v. Clure, 153 F.3d 898 , 901 (8th Cir.1998) (“[S]imply being hospitalized [does not] establish a record of an impairment under the ADA.”).
discussed Cited as authority (rule) Miles-Hickman v. David Powers Homes, Inc.
S.D. Tex. · 2008 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir.1999) (holding that plaintiffs severe allergic reaction to peanuts did not substantially limit the major life activity of breathing when the plaintiffs ability to breathe was “generally unrestricted” when not exposed to peanuts); Hamilton, 136 F.3d at 1051 (“temporary, non-chronic impairments of short duration, with little or no permanent long-term impact, are usually not disabilities”); Zirpel v. Toshiba Am.
discussed Cited as authority (rule) Shangri-La Ltd. Partnership v. Meade (2×)
Md. Ct. Spec. App. · 2008 · confidence medium
Ctr., 164 F.3d 423, 424-25 (8th Cir.1999) (peanut allergy did not substantially impair major life activity because breathing was only restricted during allergic reactions). *140 Similarly, in Land v. Baptist Med.
discussed Cited as authority (rule) Krikelis v. Vassar College
S.D.N.Y. · 2008 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir.1999) (affirming summary judgment on basis that child with potentially life-threatening peanut allergy was not severely-limited in life activity, although consequences of failing to control food intake for nut contamination could include death).
cited Cited as authority (rule) Desmond v. Mukasey
D.C. Cir. · 2008 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir.1999) (breathing and eating); Robinson v. Global Marine Drilling Co., 101 F.3d 35, 37 (5th Cir.1996) (breathing).
discussed Cited as authority (rule) Robinson, Beverly v. Discover Finan Serv
7th Cir. · 2008 · confidence medium
Ctr., 164 F.3d 423, 424-25 (8th Cir.1999), and that a condition which reduced a plaintiffs lung capacity by 50% was not evidence of a substantial impairment, see Robinson v. Global Marine Drilling Co., 101 F.3d 35 , 37 n. 2 (5th Cir.1996).
discussed Cited as authority (rule) Husinga v. Federal-Mogul Ignition Co. (2×)
S.D. Iowa · 2007 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir.1999) (“We also agree that eating and breathing are major life activities within the contemplation of the ADA.”); see also Fraser v. Goodale, 342 F.3d 1032, 1040 (9th Cir.2003) (“[W]e agree that [eating] is a major life activity under the ADA.”); Waldrip v. General Elec.
cited Cited as authority (rule) McLorn v. COMMUNITY HEALTH SERVICES
S.D. Ill. · 2006 · confidence medium
Ctr., 164 F.3d 423, 424-25 (8th Cir.1999) (peanut allergy did not substantially impair major life activity because breathing was only restricted during allergic reactions).
examined Cited as authority (rule) Kammueller v. Loomis, Fargo & Co. (3×) also: Cited "see"
D. Minnesota · 2003 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir.1999) (eating is a major life activity).
discussed Cited as authority (rule) Fraser v. Goodale
9th Cir. · 2003 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir.1999) (peanut allergy). 30 Federal regulations describe major life activities as including functions " such as caring for oneself, walking, seeing, hearing, speaking, breathing, learning, and working." 45 C.F.R. § 84.3 (j)(2)(ii) (emphasis added); 29 C.F.R. § 1630.2 (i).
cited Cited as authority (rule) Fraser v. Goodale
9th Cir. · 2003 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir.1999) (peanut allergy).
cited Cited as authority (rule) Waldrip v. General Electric Co.
5th Cir. · 2003 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir.1999). 4 .
discussed Cited as authority (rule) Miller v. Wells Dairy, Inc. (2×)
N.D. Iowa · 2003 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir.1999) (holding that attending day care is not a major life activity); Colwell v. Suffolk County Police Dep’t, 158 F.3d 635, 643 (2d Cir.1998) (holding that gardening, golfing and shopping are not major life activities), cert. denied, 526 U.S. 1018 , 119 S.Ct. 1253 , 143 L.Ed.2d 350 (1999)).
discussed Cited as authority (rule) Barnes v. Northwest Iowa Health Center
N.D. Iowa · 2002 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir.1999) (holding that attending day care is not a major life activity); Colwell v. Suffolk County Police Dep't, 158 F.3d 635, 643 (2d Cir.1998) (holding that gardening, golfing and shopping are not major life activities), cert. denied, 526 U.S. 1018 , 119 S.Ct. 1253 , 143 L.Ed.2d 350 (1999)).
examined Cited as authority (rule) Dose v. Buena Vista University (3×) also: Cited "see"
N.D. Iowa · 2002 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir.1999) (holding that breathing is a major life activity within the contemplation of the ADA); see also E.E.O.C. v. United Parcel Serv., Inc., 249 F.3d 557, 562 (6th Cir.2001) (“A person is ‘disabled’ under the Act if his or her physical or mental impairment substantially limits one or more life activities, including breathing and self-care.”), cert. denied, — U.S. -, 122 S.Ct. 1203 , 152 L.Ed.2d 141 (2002); Doyal v. Oklahoma Heart, Inc., 213 F.3d 492, 495-96 (10th Cir.2000) (“Major life activities include such functions as caring for oneself, perform…
discussed Cited as authority (rule) Simonson v. Trinity Regional Health System
N.D. Iowa · 2002 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir.1999) (concluding plaintiffs allergy did not substantially limit her ability to eat or breathe — major life activities) (quoting Robinson v. Global Marine Drilling Co., 101 F.3d 35, 37 (5th Cir.1996)).
discussed Cited as authority (rule) Sam Duty v. Norton-Alcoa Proppants (2×)
8th Cir. · 2002 · confidence medium
See Ark.Code Ann. § 16-123-105(c); Greer v. Emerson Electric Co., 185 F.3d 917, 920-21 (8th Cir.1999) (applying federal ADA analysis to disability discrimination claim brought under ACRA); Land v. Baptist Medical Center, 164 F.3d 423, 425-26 (8th Cir.1999) (holding that it is necessary to “consider analogous federal ADA decisions” when interpreting disability claims under the ACRA because “[tjhe definition of disability in both the ACRA and the ADA are in all relevant respects the same”); Flentje v. First Nat'l Bank of Wynne, 340 Ark. 563 , 11 S.W.3d 531 (2000) (stating that because s…
discussed Cited as authority (rule) Sam Duty v. Norton-Alcoa
8th Cir. · 2002 · confidence medium
Code Ann. § 16-123-105 (c); Greer v. Emerson Electric Co., 185 F.3d 917, 920-21 (8th Cir. 1999) (applying federal ADA analysis to disability discrimination claim brought under ACRA); Land v. Baptist Medical Center, 164 F.3d 423, 425-26 (8th Cir. 1999) (holding that it is necessary to “consider analogous federal ADA decisions” when interpreting disability claims under the ACRA because “[t]he definition of disability -11- in both the ACRA and the ADA are in all relevant respects the same”); Flentje v. First Nat’l Bank of Wynne, 11 S.W. 2d 531 (Ark. 2000) (stating that because so few A…
discussed Cited as authority (rule) Michael D. Maziarka v. Mills Fleet Farm, Inc.
8th Cir. · 2001 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir.1999), - and thus a conclusion that a certain condition, or a particular manifestation of a condition, does not substantially limit a particular plaintiff does not foreclose a determination that another individual with the same or analogous condition may be disabled within the meaning of the ADA.
discussed Cited as authority (rule) Michael D. Maziarka v. Mills Fleet Farm
8th Cir. · 2001 · confidence medium
Ctr., 164 F.3d 423, 425 (8th Cir. 1999), and thus a conclusion that a certain condition, or a particular manifestation of a condition, does not substantially limit a particular plaintiff does not foreclose a determination that another individual with the same or analogous condition may be disabled within the meaning of the ADA.
cited Cited as authority (rule) Lawson v. CSX Transportation, Inc.
S.D. Ind. · 1999 · confidence medium
Ctr., 164 F.3d 423, 424-25 (8th Cir.1999); Erjavac, 13 F.Supp.2d at 746—47; Dikcis v. Indopco Inc., 1998 WL 13323 , at *4 (N.D.Ill.
discussed Cited as authority (rule) Guy Amir v. St. Louis University (2×) also: Cited "see"
8th Cir. · 1999 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir.1999); 42 U.S.C. § 12102 (2)(A-C).
discussed Cited as authority (rule) Rita Y. Greer v. Emerson Electric Company, a Foreign Corporation
8th Cir. · 1999 · confidence medium
Ctr., 164 F.3d 423, 425-26 (8th Cir.1999) (definition of disability in both ACRA and ADA is the same in all relevant respects, and the Eighth Circuit believes that the Arkansas Supreme Court would consider analogous federal ADA decisions in deciding the *921 issues in case); Nesser v. Trans World Airlines, Inc., 160 F.3d 442, 445 (8th Cir.1998) (McDonnell Douglas burden-shifting scheme applies to cases brought under the ADA).
discussed Cited as authority (rule) Rita Y. Greer v. Emerson Electric Co.
8th Cir. · 1999 · confidence medium
Ctr., 164 F.3d 423, 425-26 (8th Cir. 1999) (definition of disability in both ACRA and ADA is the same in all relevant respects, and the Eighth Circuit believes that the Arkansas Supreme Court would consider analogous federal ADA decisions in deciding the issues in case); Nesser v. Trans World Airlines, Inc., 160 F.3d 442, 445 (8th Cir. 1998) (McDonnell Douglas burden-shifting scheme applies to cases brought under the ADA).
discussed Cited as authority (rule) Guy Amir v. St. Louis University (2×) also: Cited "see"
8th Cir. · 1999 · confidence medium
Ctr., 164 F.3d 423, 424 (8th Cir. 1999); 42 U.S.C. § 12102 (2)(A-C).
discussed Cited "see" Webner v. Titan Distribution, Inc.
N.D. Iowa · 2000 · signal: see · confidence high
Having a record of disability means that one “has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.” 29 C.F.R. § 1630.2 (k); see Land v. Baptist Medical Center, 164 F.3d 423, 425 (8th Cir.1999); Ellison v. Software Spectrum, Inc., 85 F.3d 187, 192 (5th Cir.1996); Roth v. Lutheran General Hosp., 57 F.3d 1446, 1456 (7th Cir.1995); Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 727-28 (5th Cir.1995); Ricks v. Xerox Corp., 877 F.Supp. 1468, 1476 (D.Kan.1995).
discussed Cited "see" Wheaton v. Ogden Newspapers, Inc.
N.D. Iowa · 1999 · signal: see · confidence high
Having a record of disability means that one “has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.” 29 C.F.R. § 1680.2 (k); see Land v. Baptist Medical Center, 164 F.3d 423, 425 (8th Cir.1999); Ellison v. Software Spectrum, Inc., 85 F.3d 187, 192 (5th Cir.1996); Roth v. Lutheran General Hosp., 57 F.3d 1446, 1456 (7th Cir.1995); Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 727-28 (5th Cir. 1995); Ricks v. Xerox Corp., 877 F.Supp. 1468, 1476 (D.Kan.1995).
discussed Cited "see, e.g." David Weber v. Strippit, Inc. Idex Corp. James Blackstone
8th Cir. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Land v. Baptist Medical Ctr., 164 F.3d 423, 425 (8th Cir.1999) (holding that an individual is not actually disabled where, despite a severe allergic reaction to foods containing peanuts or peanut byproducts, she can consume other foods and her physical ability to eat is not in any way restricted); Kelly v. Drexel Univ., 94 F.3d 102, 106-08 (3d Cir.1996) (affirming summary judgment for defendants on actual disability claim where impairment prevented plaintiff from walking more than a mile or so, altogether prevented him from jogging, and required him to pace himself on stairs).
discussed Cited "see, e.g." David Weber v. Strippit
8th Cir. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Land v. Baptist Medical Ctr., 164 F.3d 423, 425 (8th Cir. 1999) (holding that an individual is not actually disabled where, despite a severe allergic reaction to foods containing peanuts or peanut by-products, she can consume other foods and her physical ability to eat is not in any way restricted); Kelly v. Drexel Univ., 94 F.3d 102, 106-08 (3d Cir. 1996) (affirming summary judgment for defendants on actual disability claim where impairment prevented plaintiff from walking more than a mile or so, altogether prevented him from jogging, and required him to pace himself on stairs).
Retrieving the full opinion text from the archive…
Marie LAND, Individually and as Natural Guardian of Megan Land, a Minor, Appellant,
v.
BAPTIST MEDICAL CENTER, Appellee
98-2019EA.
Court of Appeals for the Eighth Circuit.
Jan 6, 1999.
164 F.3d 423
Sherri A. McDonough, Little Rock, AR (L. Oneal Sutter, on the brief), for Appellant., Byron Freeland, Little Rock, AK (John K. Baker, on the brief), for Appelee.
Arnold, Fagg, Hall.
Cited by 50 opinions  |  Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Sherri A. McDonough, Little Rock, AR (L. Oneal Sutter, on the brief), for Appellant.

Byron Freeland, Little Rock, AK (John K. Baker, on the brief), for Appelee.

Before RICHARD S. ARNOLD, FAGG, and HALL,* Circuit Judges.

FAGG, Circuit Judge.

Lead Opinion

FAGG, Circuit Judge.

After Megan Land broke out in splotches and hives while at Baptist Medical Center’s (Baptist) day care, Megan’s doctor determined Megan is allergic to peanuts and peanut derivatives. Because of her allergy, Megan must avoid foods containing peanuts and them derivatives and, if exposed, must receive medication to combat any resulting limitation on her ability to breathe. After Megan suffered a second allergic reaction at day care, Baptist refused to provide day care services to Megan. Megan’s mother, Marie Land, then filed this lawsuit under the Americans with Disabilities Act (ADA) and the Arkansas Civil Rights Act (ACRA). See 42 U.S.C. § 12182(a) and (b)(1)(E) (1994); Ark. Code Ann. § 16-123-107 (Michie Supp.1995). The district court granted summary judgment for Baptist, and Land appeals. Having reviewed the district court’s decision de novo and having viewed the record in Land’s favor, we conclude the record presents no genuine issue of material fact and Baptist is entitled to summary judgment as a matter of law. See Aucutt v. Six Flags Over Mid-America, Inc., 85 F.3d 1311, 1315 (8th Cir.1996).

Initially, Land contends the district court committed error in deciding Megan was not disabled under the ADA. The ADA defines “disability” as either “a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual,” “a record of such an impairment,” or “being regarded as having such an impairment.” See 42 U.S.C. § 12102(2)(A-C). Land claims Megan is disabled under any of these definitions, so we address each definition in turn.

First, Land claims Megan’s allergy is a physical impairment that substantially limits her major life activities of eating and breathing. For purposes of the ADA, a physical impairment is defined as a physiological disorder affecting body systems such as digestion and respiration, see 28 C.F.R. § 36.104(1)® (1998) (definition of disability), and we agree that Megan’s allergy fits within this definition. We also agree that eating and breathing are major life activities within the contemplation of the ADA. See id. § 36.104(2) (definition of disability) (major life activities are fundamental functions such as “earing for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working”); Bragdon v. Abbott, — U.S. -, -, 118 S.Ct. 2196, 2205, 141 L.Ed.2d 540 (1998) (major life activities include those “central to the life process itself’). The pivotal question thus becomes whether Megan’s allergy substantially limits her ability to eat or breathe, and we conclude that it does not. A major life activity is substantially limited if an individual is unable to “perform a basic function that the average person in the general population can perform” or is significantly restricted in “the[*425] condition, manner, or duration under which [she] can perform a particular major life activity as compared to an average person in the general population.” Snow v. Ridgeview Med. Ctr., 128 F.3d 1201, 1206 (8th Cir.1997); see 29 C.F.R. § 1630.2(j)(1) (1998). Whether a major life activity is substantially limited is an individualized and fact-specific inquiry. See Colwell v. Suffolk County Police Dep’t, 158 F.3d 635, 643 (2d Cir.1998). In this case, Megan’s allergy is not substantially limiting because, as her doctor stated, Megan’s allergy impacts her life only “a little bit.” Although Megan cannot eat foods containing peanuts or their derivatives, the record does not suggest that Megan suffers an allergic reaction when she consumes any other kind of food or that her physical ability to eat is in any way restricted. Additionally, the record shows Megan’s ability to breathe is generally unrestricted, except for the limitations she experienced during her two allergic reactions. See Zirpel v. Toshiba Am. Info. Sys., Inc., 111 F.3d 80, 81 (8th Cir.1997) (although speaking and breathing were hampered during actual panic attack, disorder did not substantially limit plaintiffs major life activities where attacks were infrequent and very manageable); Robinson v. Global Marine Drilling Co., 101 F.3d 35, 37 (5th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 1820, 137 L.Ed.2d 1028 (1997) (several instances of asbestosis-related shortness of breath did not substantially limit major life activity of breathing). Thus, although Megan’s allergic reaction to peanut-laden foods affects her eating and breathing, her allergy does not substantially or materially limit these major life activities within the .definition of disability under the ADA. See Snow, 128 F.3d at 1207.

Next, Land contends Megan is disabled under the ADA because her two allergic reactions at day care created a record of a substantially limiting physical impairment. We disagree. While Megan’s allergic reactions “are evidence of a history of an impairment, they are not evidence of a history of a disability.” Robinson, 101 F.3d at 37 (emphasis omitted); see Colwell, 158 F.3d at 645. As we have already stated, Megan’s-peanut-related allergy does not substantially limit her abilities to eat and breathe.

Finally, Land asserts Megan is disabled under the ADA because Baptist regarded Megan as substantially limited in her ability to attend day care. Again, we disagree. In our view, major life activities do not include those activities like day care attendance that, although important to a particular plaintiff, are not significant within the contemplation of the ADA. See id. at 642-43 (gardening, golfing, and shopping are insufficiently fundamental to be major life activities). Even if we assume day care attendance is a major life activity, there is no evidence in the record that Baptist regarded Megan’s allergy as substantially limiting her ability to attend day care. Quite to the contrary, Baptist viewed Megan as a normal, healthy, active toddler who was only unable to attend day care at Baptist because the large number of children compared to the number of staff there prevented Baptist from ensuring Megan would not come into contact with foods containing peanuts or peanut derivatives. The fact that Baptist believed its staff was spread too thin to monitor Megan’s dietary limitations does not permit the inference that Baptist regarded Megan as incapable of eating a broad range of foods or of attending other day cares better able to monitor Megan’s food intake. See id. at 647. Because Megan does not fit within the meaning of any of the ADA’s definitions of disability, the district court properly granted summary judgment to Baptist on both Megan’s ADA claim and Land’s claim that Baptist discriminated against Land because of her association with a disabled individual.

Additionally, Land contends the district court committed error in deciding Megan was not disabled within the meaning of the ACRA. The Arkansas Supreme Court has not yet decided whether a food allergy is a disability under the ACRA, and so we “must decide ‘what the [Arkansas Supreme Court] would probably hold were it called upon to decide the issue.’ ” Lenhardt v. Basic Inst. of Tech., Inc., 55 F.3d 377, 379 (8th Cir.1995) (quoting Hazen v. Pasley, 768 F.2d 226, 228 (8th Cir.1985)). The definition of disability in both the ACRA and the ADA are in all relevant respects the same, com[*426] pare Ark.Code Ann. § 16-123-102(3) with 42 U.S.C. § 12102(2)(A), and we believe the Arkansas Supreme Court would consider analogous federal ADA decisions in deciding the issue confronting us in this case, Lenhardt, 55 F.3d at 380.

We thus affirm the district court’s grant of summary judgment on the ACRA claim for the same reasons we affirm summary judgment on the ADA claim

Dissent

RICHARD S. ARNOLD, Circuit Judge,

dissenting.

I respectfully dissent. We are required to draw all reasonable inferences in Ms. Land’s favor. It is my view that Dr. Wheeler’s deposition raises a genuine issue of material fact as to whether Megan’s peanut allergy substantially limits a major life activity. Dr. Wheeler, who saw Megan after she developed swelling of the eyes, discoloration, hives, and itching following exposure to peanut butter, testified that his examination of Megan suggested that she is “exquisitely sensitive” to peanuts and peanut products. He testified that her reaction to peanuts could range from a mild ease of hives to death. He also testified that the recommended treatment is strict avoidance of peanuts and peanut products, and to have available at all times an epinephrine injection in the event that Megan is accidentally exposed to peanuts and has a severe allergic reaction.

On the basis of Dr. Wheeler’s testimony, I believe an inference may reasonably be drawn that Megan is substantially limited in her ability to eat. She (or her care-giver) “must read every label of every product that is purchased from a store and ... she must be very careful whenever she is at a party or a restaurant.” App. Br. at 8. So long as Megan avoids peanuts and peanut products, she can lead the normal, active life of a-toddler. If she ingests a peanut product, however, and has a severe reaction that is not promptly treated, she may go into ana-phylactic shock or, worse, die. The risk, therefore, that Megan may accidentally ingest peanuts (a risk that may be slight, if labels are accurate and those responsible for her care are vigilant) must be understood in light of the potential for serious injury.

An interpretive rule issued by the Department of Agriculture supports this position. The rule, Meal Substitutions for Medical or Other Special Dietary Reasons, Food and Nutrition Service Instruction 783-2, Rev. 2 (Oct. 14,1994), was designed to guide schools and other institutions when deciding whether meal substitutions for handicapped persons are required in certain food programs administered by the Department. The rule interprets, for persons with food allergies, the meaning of the word “handicapped,” as it is used in the Department’s regulations implementing the Rehabilitation Act of 1973. See 7 C.F.R. § 15b.1 et seq. (1998). The rule, which was issued by the Director of the Child Nutrition Division, provides that:

Generally, participants with food allergies or intolerances, or obese participants are not “handicapped persons”, as defined in 7 C.F.R. 15b.3(i), and school food authorities, institutions and sponsors are not required to make substitutions for them. However, when in the physician’s assessment food allergies may result in severe, life-threatening reactions (anaphylactic reactions) or the obesity is severe enough to substantially limit a major life activity, the participant then meets the definition of “handicapped person”, and the food service personnel must malee the substitutions prescribed by the physician.

FNS Instruction 783-2, Rev. 2, at p. 4 (emphasis added). Implementation of the Rehabilitation Act “was not delegated to a single agency,” as the Supreme Court noted recently. Bragdon v. Abbott, — U.S. -, -, 118 S.Ct. 2196, 2207, 141 L.Ed.2d 540 (1998). Indeed, “the well-reasoned views of the agencies implementing a statute ‘constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance.’ ” Id. (quoting Skidmore v. Swift & Co., 323 U.S. 134, 149-40, 65 S.Ct. 161, 89 L.Ed. 124 (1944)).

I believe the Agriculture Department’s description of a person as handicapped who has been assessed by a physician as having a food allergy that may result in “severe, life-threatening reactions,” coupled with Dr. Wheeler’s testimony, raises a question of fact that is properly decided by a jury. The[*427] historical facts presented by the plaintiff in this case are “subject to more than one interpretation,” and, accordingly, “[t]he trier of fact at trial should decide which interpretation is more persuasive.” St. Louis County Bank v. United States, 674 F.2d 1207, 1211 (8th Cir.1982).