William A. Ricker - Page 12




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          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).                          






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