Disability Rights Cases
City of Fullerton California
On February 28, 2022, the Department (through the United States Attorney's Office for the Central District of California) settled an investigation of the City of Fullerton for failing to make its intercity rail station accessible to and usable by individuals with disabilities, as mandated by Title II of the Americans with Disabilities Act. The agreement includes physical access improvements to the station's parking, entrance, and signage.
The City of Pomona California
On February 25, 2022 the Department (through the the United States Attorney’s Office for the Central District of California) settled an investigation of the City of Pomona for failing to make its intercity rail station accessible to and usable by individuals with disabilities, as mandated by Title II of the Americans with Disabilities Act. The agreement includes physical access improvements to the station's parking, entrances, signage, and accessible routes to the platform.
Oceanview v. Zucker
On February 24, 2022, the United States filed a Statement of Interest in the case of Oceanview v. Zucker. Oceanview 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.
U.S. v. Anucha
On January 14, 2021, the United States filed a lawsuit alleging that an obstetrician-gynecologist (OB/GYN) doctor refused to provide routine medical care to a patient on the basis of her HIV status, in violation of Title III of the Americans with Disabilities Act (ADA).
On February 17, 2022 the United States filed a consent decree which requires the doctor to pay $37,500 to the complainant and a $5,000 civil penalty, take (and provide his staff with) training on the ADA and the OB/GYN care of patients with HIV, implement a non-discrimination policy, and provide reports to the department. The court entered the consent decree on February 23, 2022.
Canopy Airport Parking and Propark, Inc.
On February 8, 2022, the U.S Attorney’s Office for the District of Colorado reached a settlement agreement under Title III of the ADA of an allegation that a private transit company, Canopy, was unable to serve the complainants because it did not have an accessible shuttle vehicle available when the complainants arrived at Canopy’s facility despite prior notice of their arrival. The agreement includes adoption of a plan to provide equivalent service for individuals with disabilities subject to the United States’ approval, acquire and retrofit two vehicles respectively that are wheelchair accessible, training for the Canopy employees on the requirements of Title III of the ADA, modification to Canopy's website, and annual reports to the Department.
Meijer, Inc
On February 2, 2022, the United States executed a settlement agreement with Meijer, Inc., a supermarket chain, under Title III of the ADA regarding the accessibility of its vaccine registration website. The agreement will ensure that people with disabilities (including those with vision disabilities who use screen readers and those who have difficulty using a mouse) can privately and independently get information about COVID-19 vaccinations and book their vaccination appointments online. Under the agreement, Meijer will make content about the COVID-19 vaccine, including the forms for scheduling an appointment to get the vaccine, conform to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA.