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designed to facilitate the treatment of disabled individuals.
D. Petitioner’s Patient Population
In 1995, petitioner’s patient population consisted of about
2,000 individuals, representing a broad spectrum of the local
community. Of those individuals, fewer than 5 percent were
confined to a wheelchair.
Prior to petitioner’s purchase of the panoramic x-ray
machine and the Wehmer x-ray machine, none of petitioner’s
disabled patients complained about the x-ray machines then in use
in petitioner’s office. Petitioner did not purchase either x-ray
machine at the suggestion or recommendation of any of his
disabled patients, nor did petitioner consult with any of his
disabled patients regarding the purchase of either machine.
Prior to his purchase of the panoramic and Wehmer x-ray
machines, petitioner did not refuse treatment to a prospective
patient because the patient was confined to a wheelchair. At the
time that he purchased those machines, petitioner was in
compliance with applicable requirements of the Americans With
Disabilities Act of 1990 (ADA), 42 U.S.C. secs. 12101-12213
(1995).
Petitioner purchased both the panoramic and Wehmer x-ray
machines in order to provide better care to all of his patients,
without regard to whether any particular individual was disabled
or able-bodied.
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