William A. Ricker - Page 13




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               The ADA does not elaborate further with respect to the                 
          aforementioned categories of auxiliary aids and services.                   
          Rather, the final regulations implementing the ADA provide only             
          examples of auxiliary aids and services in the areas of hearing             
          and visual impairments.  See 28 C.F.R. sec. 36.303(b) (2000); see           
          also Fan v. Commissioner, supra.  Absent in these regulations is            
          any mention of x-ray machines, much less dental x-ray machines.             
               Petitioner contends that his purchase of the panoramic and             
          Wehmer x-ray machines and rare earth cassette enabled his dental            
          services business to comply with applicable requirements of the             
          ADA and that the cost of the x-ray machines and cassette                    
          therefore qualifies as “eligible access expenditures”.  We                  
          disagree.                                                                   
               Initially, we note that petitioner was already in compliance           
          with the ADA at the time that he purchased the panoramic and                
          Wehmer x-ray machines.  Petitioner did not discriminate against,            
          or refuse to treat, disabled patients “on the basis of                      
          disability”.  42 U.S.C. sec. 12182(a).  Nor did petitioner fail             
          to take necessary steps to ensure that no individual with a                 
          disability was denied services because of the absence of                    
          auxiliary aids and services.  See 42 U.S.C. sec.                            
          12182(b)(2)(A)(iii).                                                        
               Prior to petitioner’s purchase of the panoramic and Wehmer             
          x-ray machines, none of petitioner’s disabled patients had ever             






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