DOJ ADA Lawsuit Settlement Agreement with KY Dentist
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The US Department of Justice (DOJ) has announced a Settlement Agreement (Agreement) between the United States DOJ and a North Ft. Mitchell, KY, dentistry.
The United States Attorney’s Office for the Eastern District of Kentucky, a component of the United States Department of Justice (“United States”), opened an investigation of the dentistry practice pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12181-12189. The United States initiated its investigation upon the receipt of a complaint from an individual regarding lack of accessibility at the dentistry practice.
The complaint was filed by an individual whose daughter has a disability that requires use of a wheelchair. The complainant alleged that she was unable to park in the dentistry practice’s parking lot because there was no designated accessible parking spot and that she had to pull her daughter up the steps to enter the dentistry practice because the building did not have an accessible entrance. The complainant also alleged that she would have been charged a fee to reschedule or cancel the appointment.
Dr. John Schulte, is the owner of North Ft. Mitchell Dentistry (dentistry practice), located at 2078 Dixie Highway in Fort Mitchell, KY.
According to the Agreement, the following modifications have or will be made to remove architectural barriers to access for individuals with disabilities at the dentistry practice:
Installation of an exterior wheelchair lift at the dentistry practice.
Re-stripe the parking lot of the dentistry practice and designate a van-accessible parking space and access aisle.
Verify that any future alterations, as defined in 42 U.S.C. § 12183 and 28 C.F.R. § 6.402(b), made to the dentistry practice and not described in this Agreement shall comply in all respects with the ADA, its implementing regulations, and the 2010 ADA Standards.
Dr. Schulte will not discriminate against any individual on the basis of disability in the full and equal enjoyment of any of his goods, services, facilities, privileges, advantages, or accommodations.
When necessary, Dr. Schulte will modify the dentistry practice’s policies, practices, or procedures, including the dentistry practice’s cancellation and rescheduling policy, to accommodate individuals with disabilities.
SUMMARY: A KY dentist practice entity was cited for non-compliance with the ADA for facility accessibility and cancellation policy. This investigation and punitive action was avoidable if the entity had taken pro-active steps to make sure the facility was accessible and the cancellation policy was fair and reasonable. Making a public accommodation facility accessible is not only required by the ADA laws, it is good for business as an accessible facility is a welcoming facility, which will encourage other people living with disabilities to participate at the entity.
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