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Toll-Free: 888-717-4211
Phone: 860-445-8521
Bartinik Law Firm, PC

Q
I was denied the use of a service. Can I sue for emotional distress under the Americans With Disabilities Act?

A

Many disabled clients ask me about their rights under the Americans With Disabilities Act (ADA), and whether they can sue when they have been denied access to a public accommodation in violation of the ADA.  If they can sue, then what can they sue for?  What is their remedy?

Under the ADA, a business open to the public is a "public accommocation" and must allow all people with disabilities access to their services. When a disabled person is denied access to the service due to the disability then the ADA is violated, and the business must face the consequences.  

Title III of the ADA deals with public accommodations in opposed to Title I of the ADA which deals with disablities in employment.  

Here are remedies available for violations of Title III of the Americans With Disabilities Act.  

First, for a private party there is no right to sue for money damages to remedy a Title III ADA violation.  This means they can't sue for emotional distress.  In Connecticut, however, you can sue for money damages under the Connecticut disability discrimination law. Connecticut provides greater protection than the ADA.

Second, although a private party can't sue seeking money damages the governement can seek a monetary penalty under the ADA.  The U.S. Department of Justice can sue to enforce Title III of the ADA, and can seek a hefty monetary penalty.  But not a private party.  

Three, a private party can sue to force the public accommodation to remedy the issue by seeking an injunction.

If you or anyone you know believe you have been denied rights because of a disability or have been denied assess to a service then we can help.  Contact The Bartinik Law Firm, P.C., 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.

 

Peter J. Bartinik, Jr.
Civil Trial Attorney, Practicing Law in Connecticut

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