Dufresne

For 20 years, California has waged war on the Mediterranean Fruitfly, a pest that threatens much of the state’s agricultural output. A major weapon in the war has been the spraying of rural counties from the air with the pesticide malathion.

Valerie Dufresne is a resident of Riverside County who claims she was injured by malathion spraying in 1994. According to Dufresne, she left home on doctor’s orders before the spraying began; 1 however, malathion residue, a sticky substance that she found on her return, caused her visual impairment and respiratory ailments.

*954 Dufresne alleges that she suffers from chronic fatigue syndrome; that a person with chronic fatigue syndrome is disabled for purposes of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; and that, by spraying with a chemical that exacerbated her symptoms, state and federal officials “discriminated” against her under the ADA. Her co-plaintiffs are members of a support group for chronic fatigue sufferers who claim they would be injured by future spraying.

Dufresne sued federal and state officials for money damages — compensation for injuries from past spraying 2 — and for injunctive relief. Her…