Disability Rights Cases
St. Vrain Valley School District
On July 20, 2022, the U.S. Attorney's Office for the District of Colorado entered into a settlement agreement with the St. Vrain Valley School District pursuant to Title II of the ADA. The settlement agreement resolved a complaint that the school district failed to provide appropriate auxiliary aids and services for meetings between school personnel and a deaf parent of a student in the school district that were initiated by the school district. The agreement requires the school district to comply with the ADA's effective communication requirements, to have in place a system for providing qualified interpreters, training, reporting, and the payment of compensatory damages.
Jefferson County Board of Elections
On July 20, 2022, the United States executed a Settlement Agreement with the Jefferson County, Kentucky Board of Elections, under Title II of the ADA to ensure that its polling places are accessible during elections to individuals with disabilities. Under the terms of the settlement agreement, the Jefferson County Board will immediately begin remediation of its voting program. To make its selected polling places accessible, the Jefferson County Board will employ temporary measures, such as portable ramps, signage, and propped-open doors. The Jefferson County Board will also train its poll workers and other elections staff on the requirements of the ADA and how to properly employ temporary measures so that each polling place is accessible during elections.
United States v. Uber Technologies, Inc.
On November 10, 2021, the United States filed a complaint under Title III of the ADA challenging Uber’s practice of charging “wait time” fees to passengers who, because of disability, take longer than two minutes to get in their Uber car. Passengers with disabilities may need additional time to enter a car for various reasons. A passenger may, for example, use a wheelchair or walker that needs to be broken down and stored in the car. Or a passenger who is blind may need additional time to safely walk from the pickup location to the car itself. If you believe you have been a victim of disability discrimination by Uber because you, or someone you were traveling with, were charged wait time fees, please contact the Justice Department at 833-591-0425 (toll-free), 202-305-6786, or send an email to Uber.Fee@usdoj.gov.
On February 4, 2022, the United States filed a response to Uber's Motion to Dismiss the Complaint, arguing that, contrary to Uber’s arguments, Uber is a covered transportation company under Title III of the ADA and that the United States’ Complaint plausibly alleges that Uber violates Title III of the ADA and its implementing regulations by charging discriminatory wait time fees to people with disabilities who, because of disability, need more than two minutes to board an Uber vehicle.
On July 18, 2022, the Department of Justice announced that it entered a multi-million-dollar settlement agreement with Uber Technologies, Inc. to resolve the lawsuit. Under the agreement, Uber will offer millions of dollars in compensation to over 65,000 Uber riders who were charged the discriminatory fees due to a disability. Uber will also waive wait time fees for all Uber riders who certify that they (or someone they frequently travel with) need more time to get in an Uber because of a disability, and will ensure that refunds are easily available for anyone who is charged a wait time fee because of disability.
United States v. Chicago Baseball Holdings, LLC, Wrigley
On July 14, 2022, the U.S. Attorney's Office for the Northern District of Illinois filed a lawsuit under Title III of the ADA against the various ownership organizations of the Chicago Cubs for its failures to design and construct additions and make alterations that are readily accessible to and usable by individuals with disabilities as required by the ADA. The complaint alleges violations of the relevant ADA Standards for Accessible Design, including the 2010 Standards, in a wide range of areas throughout the facility, including wheelchair seating, accessible routes, and other features, elements and amenities throughout the Wrigley Field facility.
U.S. v. Essex Rehabilitation & Care Center, LLC
On July 7, 2022, the U.S. Attorney's Office for the Eastern District of Virginia entered into a settlement agreement with the Essex Rehabilitation & Care Center, LLC pursuant to Title III of the ADA. The settlement agreement resolved a complaint that the facility refused to accept an individual who is deaf and uses American Sign Language (“ASL”) as her primary means of communication, into the care facility because she needed sign language interpretive services to ensure effective communication. The agreement requires the company to comply with the ADA's effective communication requirements at 13 facilities, to have in place a system for providing qualified interpreters, training, reporting, and the payment of compensatory damages.
State of Maine
On June 22, 2022, the United States sent a letter of findings to the State of Maine, notifying the State that it is violating Title II of the Americans with Disabilities Act by unnecessarily segregating children with mental health and developmental disabilities. Following an investigation into Maine's behavioral health care system for children, the Department found that Maine fails to provide children with sufficient behavioral health services in their homes and communities. As a result, Maine children may enter institutional settings including psychiatric hospitals, residential treatment facilities, or juvenile detention.
LA Nail Spa
On June 7, 2022 the U.S. Attorney’s Office for the Eastern District of Louisiana reached a settlement agreement under Title III of the ADA with LA Nail Spa to resolve an allegation that an individual was refused services because of the inability to transfer out of their wheelchair. The agreement includes adopting a non-discrimination policy, maintaining a record of each modification request, notifying the United States of any disability discrimination complaints, and paying $500 to the complainant as compensatory damages.
Residents and Families United
On May 31, 2022, the United States filed a Statement of Interest in the consolidated case of Residents and Families/Empire v. Zucker. Residents and Families/Empire challenges a New York State regulation limiting admission of individuals with Serious Mental Illness (SMI) into segregated settings called Adult Homes, by alleging that the regulation violates the Fair Housing Act and the Americans with Disabilities Act. The State issued the regulation in conjunction with the United States’ settlement in U.S. v. New York, No. 13-cv-4165 (E.D.N.Y. 2013) and consistent with its Office of Mental Health’s determination that Adult Homes “are not clinically appropriate settings” for individuals with SMI, “nor are they conducive to the rehabilitation or recovery of such persons.” The Statement of Interest explains that the regulation does not violate the Fair Housing Act or the Americans with Disabilities Act.
Luna Tattoo Studio
In May 2022, the U.S. Attorney's Office of Northern District of California reached an agreement with Luna Tattoo Studio in San Jose, California to resolve an allegation under Title III of the ADA that the tattoo studio refused to provide services to an individual with HIV. The agreement includes review by the Department of any relevant policies or procedures, training of staff, written notification to the Department of future complaints, maintaining a written log of potential clients who were not accepted due to a physical or mental medical condition, and $7,000 in compensatory damages for the individual.
State of Rhode Island HHS
On May 28, 2022 the United States executed a settlement agreement with the State of Rhode Island Executive Office of Health and Human Services under Title II of the ADA to resolve its alleged discrimination against a child with autism by failing to provide child with community-based Medicaid services, causing the child to enter an out-of-state residential facility for several months. The settlement agreement requires Rhode Island to make changes to provide this child and other children with intellectual and developmental disabilities the community-based services they need at home, and pay the child $75,000 in damages.
Ikonik Ink Tattoo
In May 2022, the U.S. Attorney's Office of Colorado reached an agreement with Ikonik Ink Tattoo in Colorado to resolve an allegation under Title III of the ADA that the tattoo shop refused to provide services to an individual with HIV. The agreement includes adoption of a non-discrimination policy, training of staff, maintaining a log and tracking each time a customer discloses HIV status, annual reports to the Department, and $4,400 in compensatory damages for the individual.
State of Illinois v CSL Plasma, Inc and CSL Behring, LLP
On May 17, 2022, the Department filed a Statement of Interest clarifying that blood plasma donation centers are “public accommodations” under Title III of the ADA.