Advocacy

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.

Childcare

ADA 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.

Creative Interventions Settlement Agreement (June 2024)

Creative Interventions, LLC, a  private company that provides therapeutic services for children with autism based in Connecticut, violated the Americans with Disabilities Act by refusing to provide its services to the complainant’s child with diabetes without a parent or other adult provided by the child’s family present. The settlement stated that monitoring the child’s CGM and being prepared to provide the child with fast-acting carbohydrates, insulin, or glucagon if needed (as stated in the child’s diabetes management plan) were reasonable modifications under the ADA. Creative Interventions agreed to:

  • With approval of the individual’s health care professional, assist with routine diabetes care tasks after receiving training. This includes monitoring CGM and the administration of insulin or glucagon.
  • Evaluate each request for a reasonable modification on an individualized basis
  • Pay $15,000 in compensation to the complainant family

Read the press release and settlement agreement.

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)

Read the press release and settlement agreement.

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) 

Read the press release and settlement agreement.

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.

New cases can be found on the DOJ’s website. View cases prior to 2021. 

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)

Fair Grounds

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.