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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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