Julian Vargas and American Council of the Blind v. Quest Diagnostics Clinical Laboratories, Inc. et al.

On September 20, 2021, the Department filed a Statement of Interest clarifying that Title III of the Americans with Disabilities Act requires that public accommodations provide auxiliary aids and services so that individuals with disabilities can fully and equally enjoy all of their services.  Defendants provide healthcare and diagnostic testing services and require patients to use an electronic, self-service kiosk to check in, input personal information, choose where to wait, and perform other tasks.  No staff are allegedly present in the check-in area, so patients with vision impairments must ask strangers for assistance or bring companions.  The Statement of Interest explains that Title III prohibits public accommodations from treating individuals with disabilities differently because of the absence of auxiliary aids and services, including failing to provide effective communication with regards to services offered through visual and electronic means like the self-service kiosks.  Additionally, the Statement of Interest explains that the Title III regulation, 28 C.F.R. § 36.307 (which states that a public accommodation need not alter its inventory to include accessible or special goods), applies only to the goods and inventory of a public accommodation and not its services, such as the services provided through the self-service kiosks.