When is an individual regarded as having or percieved to have, impairment within the meaning of the Americans with Disabilities Act ("ADA"). 42 U.S.C.A. § 12102(2)(c)?

The issue being presented is whether a person convicted of a crim against a person who claims to be a "Disabled Individual", and whose charges are enhanced by State Law because the alleged victim claims to be diabled, be held to a different standard from that of the Federal Government Standard of Disabledness under the ADA? Has the State of Texas standard under T.C.C.P. § 22.021(b)(3) violate [d] Defendant's guatanteed protection under the Fourteenth Amendment. Id.

When is an individual regarded as having or perceived to have, impairment within the meaning of the Americans with Disabilities Act (ADA)?