Lawyers Settle HIV Discrimination Lawsuit

In a Press Release at http://www.justice.gov , lawyers with the United States Department of Justice (DOJ) announced the settlement of an Americans with Disabilities Act (ADA) discrimination lawsuit against the owners and operators of an Alabama RV Resort.  According to the January 19, 2010 DOJ Press Release, lawyers charged that the company violated Title III of the ADA when it unlawfully denied full and equal services to a child and his family because the child has HIV.  More specifically, the complaint alleged that the company, upon learning that a guest family’s two-year-old child had HIV, banned the family from using the common areas of the RV resort, such as the swimming pools and showers.  As stated in the Press Release, the family left the RV resort after the company denied them full use of the facilities. 

Under the terms of the consent decree, the company will establish policies, procedures and training practices to ensure that patrons and their families are not discriminated against on the basis of disability.  In addition, the company will pay a civil penalty to the United States and $36,000 in damages to the affected family.

Title III of the ADA prohibits public accommodations from excluding people with disabilities, including people with HIV, from enjoying the services, goods, and accommodations provided by the public accommodation.  In this regard, those interested in finding out more about federal disability rights statutes can call the Justice Department’s toll free ADA Information Line at 1(800)514-0301 or 1(800)514-0383, or access the ADA website at www.ada.gov .