- 11 - section 44. Fan v. Commissioner, 117 T.C. , (2001) (slip op. at 11). Congress enacted the ADA to establish a clear and comprehensive Federal prohibition of the discrimination on the basis of disability in a number of areas, specifically including public accommodations. H. Rept. 101-485 (Vol. II), at 28 (1990); see also 42 U.S.C. sec. 12101(b) (1994). Petitioner’s dental practice is a place of public accommodation within the meaning of the ADA. See Fan v. Commissioner, supra (slip op. at 7). We therefore focus our attention on Title III of the ADA dealing with public accommodations. 42 U.S.C. secs. 12181-12189. Title III of the ADA prohibits discrimination “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 42 U.S.C. sec. 12182(a). Title III specifically defines discrimination to include a failure to take necessary steps to ensure that no individual with a disability is denied services because of the absence of auxiliary aids and services. 42 U.S.C. sec. 12182(b)(2)(A)(iii). As relevant herein, the term “auxiliary aids and services” includes the “acquisition or modification of equipment or devices; and other similar services and actions.” 42 U.S.C. sec. 12102(1)(C) and (D).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011