Public Accommodations Materials for Lawyers
Department of Justice ADA Resources
The U.S. Department of Justice (DOJ) is responsible for issuing regulations enforcing Title III of the Americans with Disabilities Act, which prohibits discrimination in places of public accommodations such as stores, restaurants, daycare centers, and other places of public accommodations. Visit the DOJ’s Americans with Disabilities Act home page to find the statutory text, regulations, fact sheets, and other resources.
The DOJ has entered into several settlement agreements addressing the obligations of childcare providers to perform diabetes care tasks for children. Learn more about equal access to childcare.
Atlanta YMCA Settlement Agreement
An Atlanta YMCA violated the Americans with Disabilities Act by denying a child the opportunity to participate in the YMCA's afterschool program because of her diabetes. The YMCA refused to provide daily insulin injections to the child, which left her unable to attend the afterschool program. The YMCA agreed to adopt a non-discrimination policy to ensure Americans with Disabilities Act-compliance and provide mandatory training for all employees who work in the afterschool program. A payment of $5,000 in compensation was paid to the complainant family in June 2022. Read the press release.
Lil’ Einstein’s Learning Academy (LELA) Settlement Agreement
A childcare program in Northern California, LELA, resolved legal claims arising from refusal to provide reasonable modifications, including routine diabetes care management, to a child with type 1 diabetes.
They agreed to:
- Evaluate each request for reasonable modification on an individualized basis
- Train lay childcare staff members to assist with routine care tasks as needed
- Pay $25,000 in compensatory damages to aggrieved individuals and a civil penalty of $2,500. (Feb. 2020)
Community First School (CFS) Corp. Settlement Agreement
A childcare program, CFS, resolved legal claims of discrimination. They agreed to:
- End the exclusion of children with type 1 diabetes and the provision of reasonable accommodations
- Train lay childcare staff members to assist with routine diabetes tasks as needed
- Pay $15,000 in compensatory damages to aggrieved individuals and a civil penalty of $2,500. (Feb. 2020)
KinderCare Education, LLC Settlement Agreement
The owner of childcare facilities, KinderCare, resolved legal claims and agreed to assist children with type 1 diabetes with routine daily care tasks, including insulin administration by pen or syringe. (Sept. 2018)
Read the settlement agreement.
Stadiums and Concert Facilities
United States v. SFX Entertainment Inc.
A lawsuit filed by the DOJ alleged that one of the largest operators of concert venues in the country had a policy barring individuals with diabetes from having access to their blood glucose (blood sugar) monitoring equipment and insulin inside the concert venue. The case was settled with an agreement by SFX to alter its diabetes-related policies.
Read the consent order and final judgment between the United States and SFX Entertainment, Inc. (June 2003)
Red River Valley Fair Association (RRVFA) Settlement Agreement
The fair organization, RRVFA, had a policy which barred all outside food and drink. A parent and their child with type 1 diabetes initiated a complaint which alleged discrimination, as the child needed snacks to maintain blood glucose (blood sugar) levels. The RRVFA agreed to allow individuals with disabilities to obtain an exception to the general prohibition against outside food and drink upon request. (Oct. 2019)
Read the settlement agreement.