United States of America v. Camp Bravo - Settlement Agreement

TITLE III COVERAGE

7. Under title III of the ADA, no person who owns, leases (or leases to), or operates a place of public accommodation may discriminate against an individual on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201.  Discrimination includes a public accommodation's failure to make reasonable modifications in policies, practices, or procedures when necessary to afford its goods, services, facilities, privileges, advantages, or accommodations to an individual with a disability, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the services.  42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302. 

8. It is the United States' position that it generally will be a reasonable modification required by title III of the ADA for certain public accommodations, such as camps and child care service providers, to train laypersons to administer Diastat.

9. Ensuring that camps do not discriminate against persons with disabilities, such as epilepsy, is an issue of general public importance.  The United States is authorized to investigate alleged violations of title III of the ADA and to bring a civil action in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance.  42 U.S.C. § 12188(b).