Tampa Bay Pain Management Clinic to Pay $115,000 for Discriminating Against Disabled Veteran with Service Animal

Tampa, Florida - The U.S. Attorney's Office for the Middle District of Florida has reached an agreement with APC, INC., a pain management clinic with locations in Tampa and Brandon, to settle allegations that it violated Title III of the Americans with Disabilities Act (ADA) by discriminating against a disabled veteran with a service animal. U.S. Attorney Gregory W. Kehoe made the announcement.

The U.S. Attorney's Office opened an investigation into APC after receiving a complaint from a disabled United States military veteran who uses a service animal to provide him with non-violent protection, rescue work, and assistance when he experiences seizures and episodes of post-traumatic stress disorder (PTSD). As a result of the investigation, the United States determined that APC violated the ADA when it discriminated against the complainant and his wife by refusing to allow the complainant to attend a post-hospitalization medical appointment at APC's Brandon office with his service animal. APC claimed to have a "no pets policy" and that their office is a "sterile environment." APC's denial caused the complainant to experience a PTSD episode, followed by repeated seizures during the car ride home and over the next several days, and to abruptly discontinue the medicine an APC physician had prescribed him while he was hospitalized.

"Service animals are not pets-they provide critical assistance for individuals with disabilities," said United States Attorney Gregory W. Kehoe. "Many of our nation's military veterans use service animals to assist them with service-connected disabilities. Our office does not tolerate discrimination against individuals with disabilities who use service animals and will ensure they receive equal access to healthcare."

Under the terms of the settlement agreement, APC must pay $100,000 to compensate the complainant and his wife for the discrimination they faced. APC must adopt, maintain, and enforce a service animal policy and a non-discrimination policy regarding the prohibition of discrimination on the basis of disability. Both policies must be conspicuously posted in APC's reception areas and on its website. APC must also provide training to all personnel on the non-discrimination requirements under the ADA and post a "Service Animals Welcome" sign in all public entryways of its facilities. For the next two years, APC must report any disability discrimination complaints it receives to the United States. Finally, APC must pay a $15,000 civil penalty to the United States to vindicate the public interest.

Assistant U.S. Attorney Alexandra N. Karahalios handled this case.

Title III of the ADA prohibits public accommodations, including professional offices of health care providers, from discriminating against individuals on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations ("goods or services"). In general, Title III prohibits public accommodations from subjecting an individual on the basis of disability to a denial of the opportunity to participate in or benefit from its goods or services. Specifically, public accommodations must make reasonable modifications in policies, practices, or procedures that are necessary to afford their goods or services to individuals with disabilities who have service animals. Public accommodations are also prohibited from denying equal goods or services to individuals because of their relationship or association with someone with a disability.

Individuals who believe they may have experienced discrimination may contact the Civil Rights Unit of the United States Attorney's Office for the Middle District of Florida by calling our Civil Rights Hotline at (813) 274-6095 or emailing us at [email protected]. To fill out our civil rights complaint form, please visit https://www.justice.gov/usao-mdfl/civil-rights-complaint-form.

The Attorney General is authorized to investigate alleged violations of Title III of the ADA and to bring a civil action in federal court if the United States is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance. Ensuring that professional offices of health care providers do not discriminate against patients with disabilities is an issue of general public importance.

For more information on the ADA, visit https://www.ada.gov or call the Department of Justice's toll-free ADA Information Line at (800) 514-0301 (Voice) or (833) 610-1264 (TTY). Accessibility specialists are available to answer questions from individuals, businesses, and state or local governments. All calls are confidential.