- 7 - that petitioner qualifies as an “eligible small business” for the years in issue, sec. 44(b); their disagreement focuses on whether the cost of the system qualifies as an “eligible access expenditure”, sec. 44(c). To qualify as an eligible access expenditure within the meaning of section 44, the expenditure must be “paid or incurred by an eligible small business for the purpose of enabling such eligible small business to comply with applicable requirements under the Americans With Disabilities Act of 1990” (ADA). Sec. 44(c)(1). Congress enacted the ADA to establish a clear and comprehensive Federal prohibition of discrimination on the basis of disability in the areas of: (1) Employment in the private sector; (2) public services; (3) public accommodations; (4) transportation; and (5) telecommunications. H. Rept. 101-485 (II) at 28 (1990); see also 42 U.S.C. sec. 12101(b). The ADA is divided into five titles that coincide with the above-mentioned areas. 42 U.S.C. sec. 12101. Petitioner’s dental office is a place of public accommodation within the meaning of the ADA. 42 U.S.C. sec. 12181(7)(F); United States v. Morvant, 898 F. Supp. 1157, 1161 (E.D. La. 1995). Consequently, we focus our attention on Title III of the ADA. 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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