Javier is 43 years old. He grew up and lives in in Southern California. 

Javier's childhood was difficult and stressful. Although Javier's mother was resourceful and resilient, she had periods of employment instability, and as a result Javier experienced several extended periods of homelessness as a child. Moreover, the area in which Javier grew up had no hospital, and Javier did not have any health care outside of the basic care provided at his public school. The specific neighborhood where Javier spent the majority of his childhood was referred to derisively by local politicians as "The Pit," and was adjacent to several garbage incineration sites. A local environmental study performed a few years ago conclusively demonstrated the negative effect of these fumes on early childhood brain development.

As an older teenager, Javier met his father for the first time. A warm and caring father when present, Javier's father explained to Javier that he had spent many years in and out of the mental health hospital and prison, but that he had gotten help in his recovery and wanted to be a more consistent part of Javier's life. 

As an adult, Javier worked as a professional mechanic and electrician. However, he has had difficulty keeping consistent employment and has been fired from several jobs for inconsistent performance and absenteeism, most recently a few weeks ago.

Javier also had several encounters with law enforcement involving public intoxication and fighting with others, which have resulted in several minor criminal convictions. Recently, Javier had another such conflict and was arrested for assault and booked into jail, where he currently remains awaiting trial.

Javier is assigned a public defender who will defend Javier in his current assault case. Javier explains to his lawyer that, during the assault, he acted in self-defense. Javier's explanation makes objective sense to the lawyer, who thinks that Javier has a good legal defense. But Javier's explanations of important details are interspersed with long, tangential asides about something Javier calls the "Re-existence Plan."

During one of his visits, Javier's lawyer requests that the Jail Warden transfer Javier to the Mental Health wing, where people with mental health conditions are provided intensive mental health care. The Jail Warden calls the lawyer back and denies the request, saying "The Mental Health wing is only for people who are protected by the ADA, and I don't see any record of a mental health diagnosis in your client's file. I admit, though, that your client sure does seem like he has a mental health disability, so sorry I can't be more helpful." The Jail Warden is correct that Javier does not have a previous record of a mental health diagnosis.

 

Is the Jail Warden correct in his apparent presumption that Javier is not protected by the ADA? Why or why not? Explain .