Disability Rights Cases
State of Idaho
On January 16, 2025, the United States sent a letter of findings to the State of Idaho, notifying the State that it is violating Title II of the Americans with Disabilities Act (ADA) by unnecessarily segregating adults with physical disabilities in nursing facilities. The letter of findings follows an investigation into Idaho’s service system for adults with physical disabilities. The investigation revealed that Idaho fails to provide sufficient home and community-based services, with the result that many adults with physical disabilities are forced to enter nursing facilities to receive the services they need, when they would prefer to live in their homes and communities. Idaho could serve many of these individuals in the community by making reasonable modifications to its service system for people with disabilities, including improving access to home care, case management, transition services, and housing services.
State of Alabama
On January 15, 2025, the United States sent a letter of findings to the State of Alabama, notifying the State that it is unnecessarily segregating children with physical disabilities in violation of Title II of the Americans with Disabilities Act (ADA). Following an investigation into Alabama's long-term care system for children with physical disabilities, the Department of Justice concluded that Alabama fails to provide children with physical disabilities, including children in foster care and children with complex medical needs, with the services they need to live in their homes and communities. As a result, Alabamian children with physical disabilities are unnecessarily segregated in nursing facilities and hospitals while other children are at serious risk of admission.
Sangamon County Sheriff's Office, Sangamon County Central Dispatch System, and Sangamon County
On January 16, 2025, the United States entered an agreement with the Sangamon County Sheriff’s Office, the Sangamon County Central Dispatch System, and Sangamon County, Illinois, under Title II of the ADA and other federal statutes regarding race and disability discrimination in the provision of policing and dispatch services. The United States investigated after a Black woman with a mental health disability was killed by an Sangamon County Sheriff’s Office deputy. Under the agreement, the entities will review and update policies, rules, and procedures and provide training on a variety of topics, including non-discriminatory policing and interactions with individuals with behavioral health disabilities. The agreement requires the development of a mobile crisis team program, which will include trained behavioral health staff who timely respond to individuals needing urgent behavioral health assistance. The agreement sets forth a framework for data collection and reporting, among other provisions.
United States v. Lettire Construction Corp. (S.D.N.Y.)
On January 16, 2025, the United States Attorney’s Office for the Southern District of New York filed a Fair Housing Act pattern or practice/denial of rights complaint in United States v. Lettire Constr. Corp. (S.D.N.Y.), alleging that Lettire Construction, a developer of residential rental apartment buildings in New York City, and others designed and constructed The Tapestry, a 185-unit building in Manhattan, Chestnut Commons, a 275-unit building in Brooklyn, and Atrium at Sumner, a 190-unit building in Brooklyn, without required accessible features. Also on January 16, the USAO submitted to the court a proposed consent decree resolving the United States’ claims against Defendants Lettire Construction, Lettire 124th Street LLC, UBC Chestnut Commons LLC, and UBC Sumner LLC. Under the settlement, Lettire Construction will make the necessary retrofits at the Atrium and pay a civil penalty of $20,000, and the other three defendants will each pay a civil penalty of $10,000. On January 17, the USAO submitted to the court a proposed consent decree resolving the United States’ claims against Defendant East 124th Street LLC. Under the settlement, this defendant will make the necessary retrofits at the Tapesty, pay a civil penalty of $10,000, and pay compensatory damages of $20,000 to individuals who were harmed by the inaccessible conditions at the Tapestry.
Tennessee Board of Law Examiners
On December 17, 2024, the U.S. Attorney's Office (USAO) for the Middle District of Tennessee issued a Letter of Findings under Title II of the Americans With Disabilities Act (ADA) against the Tennessee Board of Law Examiners (TBLE) and the Tennessee Lawyers Assistance Program (TLAP). The Letter of Findings concludes that the public entities violated the ADA by discriminating against bar applicants based on their diagnosis of or treatment for a substance use or mental health disorder. The letter of findings requests the TBLE and TLAP to address the violations identified during the USAO's investigation.
Arizona Department of Child Safety
On December 16, 2024, the United States announced its findings that the State of Arizona's Department of Child Safety (DCS), violates Title II of the Americans with Disabilities Act (ADA) by discriminating against parents, including foster parents and other caregivers, and children with disabilities. The United States found that DCS failed to communicate effectively with parents and children with hearing disabilities, including by not providing interpreters. DCS also failed to reasonably accommodate the needs of parents with disabilities by, for example, not providing information in a simplified form. Finally, DCS denies parents with disabilities an equal chance to participate in and benefit from DCS programs and services. The United States' letter asks DCS to develop and implement changes to policies and procedures to ensure parents and children with disabilities are not discriminated against in DCS programs and services, train its employees on ADA compliance, and take other measures to redress the discrimination.
Cox v. City of Boston
On December 3, 2024, the United States filed a Statement of Interest in Cox v. City of Boston, No. 1:22-cv-11009 (D. Mass.) addressing the correct interpretation of the health services exception in the ADA as applied to a police department. The health services exception is an exception to the ADA’s exclusion of individuals who currently illegally use drugs, and states that “an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services.” 42 U.S.C. § 12210(c). Under Title II of the ADA, the Exception applies to the denial of health services provided by any public entity covered by Title II, including state and local police departments. The case was brought by the estate of an individual with opioid use disorder, who died of an opioid overdose while in overnight detention after being arrested by the Boston Police Department.
U.S. v. Township of New Hartford, MN
On October 21, 2024, the United State Attorney's Office for the District of Minnesota executed a settlement agreement with New Hartford Township, Minnesota, pursuant to Title II of the ADA. The settlement agreement resolved a complaint from an individual that the Town Hall, used as a polling place, has physical barriers making it inaccessible to individuals with disabilities. The agreement requires the Township to revise its ADA policies, remediate the physical barriers, provide a temporary alternative accessible polling place, and provide reporting.
U.S. v. Fitness International, dba LA Fitness
On October 8, 2024, the United States filed a lawsuit against Fitness International, also known as LA Fitness, for violating Title III of the Americans with Disabilities Act (ADA). The lawsuit alleges that LA Fitness gym and fitness clubs have barriers that prevent LA Fitness members with disabilities from accessing the clubs or using the clubs' pools and fitness equipment. The lawsuit also alleges that LA Fitness has charged extra fees to people with disabilities.
On January 6, 2025, the United States filed its Opposition Brief in response to Defendant LA Fitness' Motion to Dismiss. The United States' brief argues that contrary to LA Fitness’ assertions, the United States has more than met its burden of establishing a pattern or practice of discrimination under Title III at the pleading stage, as the United States’ Complaint provides numerous examples of accessibility barriers that patrons with disabilities encounter at LA Fitness clubs. These allegations support a reasonable inference that LA Fitness' failures to comply with Title III are not sporadic, but instead, are LA Fitness’ pattern or practice.
Wisconsin Department of Corrections
On September 30, 2024, the Justice Department entered into a settlement agreement under Title II of the ADA with the Wisconsin Department of Corrections (WDOC) to ensure that incarcerated individuals who are deaf or hard of hearing have equal access to WDOC’s programs, services, and activities, including educational, counseling, medical, recreational, and prison employment programs. Under the agreement, WDOC will provide inmates with hearing disabilities appropriate auxiliary aids and services, such as sign language interpreters, video telephones, visual notification systems, and hearing aids. WDOC will also develop individualized communication assessments and plans; provide training on the ADA to staff; and pay $15,000 to compensate three incarcerated individuals who were harmed.
U.S. v. Johns Hopkins Health System Corporation
On September 12, 2024, the United States filed a Complaint against Johns Hopkins Health System Corporation under Title III of the ADA. The complaint alleges that Johns Hopkins denied individuals with disabilities equal access to medical care by excluding their necessary support persons (such as a family member, personal assistant, or other individual knowledgeable about them). As a result, these patients were unable to receive equal care. These patients had disabilities such as dementia, autism spectrum disorder, intellectual and developmental disabilities, and mental health disabilities.
On September 12, 2024, the United States simultaneously filed a proposed Consent Decree to resolve the allegations of the Complaint. Under the proposed consent decree, which the court must approve, Johns Hopkins has agreed to pay $150,000 to compensate multiple affected individuals. Johns Hopkins will also update its support person policies to ensure ADA compliance, train its employees on its support person policies and the ADA, and report to the department on any future complaints regarding support persons.
U.S. v. Spanish Schoolhouse, LLC
On August 29, 2024, the United States Attorney's Office for the Northern District of Texas executed a settlement agreement with the Spanish Schoolhouse, LLC pursuant to Title III of the ADA. The settlement agreement resolved a complaint that the Spanish Schoolhouse denied admission to a child with disabilities because the child had epilepsy and needed assistance with the administration of medication if the child experienced seizures. The agreement requires the company to adopt and implement an anti-discrimination policy, an emergency anti-seizure medication administration policy, training, and reporting.