OCT 12 1995

XX
XX
West Bowdoin, Maine 04287

Dear XX
     I have been asked to respond to your letter to President
Clinton regarding the case of Abbott v. Bragdon.

     As you know, the case involves a dentist, Dr. Bragdon, who
has refused to provide in-office dental treatment to patients
(and in particular, Ms. Sidney Abbott) who are HIV-positive.
Ms. Abbott alleges that Dr. Bragdon has violated the Americans
with Disabilities Act (ADA). The United States became involved
in the case after Dr. Bragdon alleged that the ADA is
unconstitutional.

     The ADA is a civil rights statute enacted to protect the
civil rights of individuals with disabilities. Under the law,
health care providers, including dentists, are required to treat
patients without discriminating on the basis of an individual's
disability. Persons who are HIV-positive are individuals with
disabilities, and so they are protected from discrimination on
that basis. However, the ADA would not require a health care
provider to treat an individual with a disability if doing so
would create a direct threat to health or safety.

     In this case, Dr. Abbott's argument that it is not safe to
treat patients who are HIV-positive in his dental office is not
based on scientific fact. The Centers for Disease Control, the
American Dental Association and other authorities as well as
every court to address this issue have uniformly concluded that
providing routine in-office dental care to individuals who are
HIV positive does not require any special procedures or expertise
and does not endanger the health or safety of the treating
dentist.

cc: Records, Chrono, Wodatch, McDowney, Blizard, FOIA
n:\udd\blizard\drsltrs\hiv\abbott\sc. young-parran
01-03703
                              - 2 -
     The United States' position on this matter and a discussion
of the scientific evidence are more fully developed in the Motion
for Summary Judgment and Memorandum which we filed with the court
on September 19, 1995. A copy of this document, as well as the
accompanying Statement of Uncontested Facts, are enclosed for
your information.

     We hope that this responds to your concerns.

                              Sincerely,


                            John L. Wodatch
                                 Chief
                         Disability Rights Section
Enclosures
01-03704

XX
                              7/23/95
Dear President Clinton:
It has come to my
attention that there is a lawsuit
pending against a dentist in Bangor, M
Dr. Randon Brandon, by an HIV + woman
because Dr. Brandon (in the intrests of
her health as well as the health of the
rest of her patients) wants to treat
her in the hospital. I have also
learned that six lawyers from Att.
General Janet Reno's office have been
assigned to her case.
As a citizen and taxpayer I am
appalled that with all the crime and
drugs in this nation the Dept. of Justice
has nothing better to do than to
harass a law abiding citizen like
Dr. Brandon and I would hope that
you would put an end to this
foolishness.
               Very truly yours,
               XX
01-03705