ADA Contract Case Summaries

Under a contract with the Department of Justice, The Key Bridge Foundation receives referrals of complaints under titles II and III for mediation by professional mediators who have been trained in the legal requirements of the ADA. Many people with disabilities and disability rights organizations request the Department to refer their complaints to mediation. More than 400 professional mediators are available nationwide to mediate ADA cases. Over 75 percent of the cases in which mediation has been completed have been successfully resolved. Following are recent examples of results reached through mediation.

In Florida, an individual and her mother, both of whom are deaf, complained that a home care agency refused to provide a sign language interpreter for an appointment to assess her mother’s care needs. The agency adopted a policy to provide qualified interpreters for patients, their family members, or advocates, trained its staff on the new policy, published it on its website, and created an ADA Coordinator position.

An individual with low vision complained that a Michigan hotel refused to rent her a guest room because she uses a service animal. The hotel changed its policy and agreed to serve customers who use service animals, notified all motels in the area, as well as the regional visitors’ bureau, of their obligation to accommodate individuals who use service animals, and paid the complainant $300.

In Alabama, an individual with a mobility disability complained that a diner’s entrance and restrooms were inaccessible. The diner installed an accessible handle on the entrance door and converted the men’s restroom to an accessible unisex restroom.

The father of a child with diabetes complained that a Texas martial arts program refused to allow staff to assist with or supervise insulin injections. The program adopted a policy on serving children with diabetes, including having adults monitor children’s insulin injections, blood-glucose checks, and food intake, as well as having staff administer EpiPens in emergency situations. In addition, the program trained staff on the new policy, posted it on their website, and paid the family $1,000.

In California, a husband and wife complained that they were asked to leave a restaurant because the wife uses a service animal. The restaurant changed its policy and agreed to serve customers who use service animals, trained all employees on the ADA’s service animal requirements, donated $500 to a service animal organization, and paid the complainants $2,500.

In Texas, a woman with extreme skin sensitivity to sunlight who brought her children to a birthday party at a municipal pool complained that she was not allowed to remain in the pool area and was treated rudely because she wore a protective tee shirt in the pool. The city changed its policy and agreed to allow people to wear tee shirts in the pool when the request is due to a disability. The city placed signage at the pool outlining the policy and identifying whom to call if problems arise. In addition, the city trained lifeguards on the ADA and how to interact with people with disabilities. The city also wrote a letter of apology to the person who hosted the birthday party and gave the complainant $410.

In Alabama, an individual with a mobility disability complained that a self-service gas station and convenience store refused to provide refueling assistance and that its facilities were inaccessible. The station posted signs asking customers to honk to request refueling assistance. The station also installed one van-accessible parking space with an access aisle near the store entrance, installed accessible door handles, rearranged seating in the deli area to provide a clear path of travel to the restroom, and provided an accessible unisex restroom.

In Pennsylvania, a disability advocate complained that a restaurant’s restrooms were inaccessible. The restaurant installed accessible faucet handles on the sinks, insulated the pipes under the sinks, and lowered the soap and paper towel dispensers. In addition, it installed accessible signage identifying the men’s and women’s restrooms.

In California, a person with cerebral palsy complained that a restaurant refused to serve him when they mistook the symptoms of his disability for intoxication. The restaurant established a policy on serving customers with disabilities, and the complainant conducted a disability awareness training for the restaurant’s management team, which, in turn, trained staff. In addition, the restaurant apologized to the complainant and paid him $500.

In Maryland, the father of a child, both of whom are deaf, complained that a doctors’ office refused to provide a sign language interpreter for the child’s appointment. The office changed its policy and developed procedures for providing effective communication, including sign language interpreters upon request, trained its doctors and staff on the new policy, and posted signs indicating the availability of sign language interpreters and other auxiliary aids upon request.