The Honorable Phil Gramm

United States Senator

2323 Bryan Street, #1500
Dallas, Texas 75201

Dear Senator Gramm:

This letter is in response to your inquiry on behalf of your

constituent, XX , concerning her experience with a
dentist who allegedly refused to treat her brother, because he
has tested positive for HIV. Title III of the Americans with
Disabilities Act (ADA) prohibits discrimination on the basis of
disability, which includes discrimination on the basis of being
HIV+.

The Public Access Section of the Civil Rights Division

investigates complaints brought under title III. However, we are
not able to pursue each complaint to resolution or litigation,
because of the large numbers of complaints we receive, and
because we are authorized to seek judicial relief only in
instances where there appears to be a pattern or practice of
discrimination or where an issue of general public importance is
involved. After thorough review and careful consideration, in
light of our resources and priorities, we have decided not to
open an investigation of XX complaint.

It may be helpful for XX to know that the Department

recently obtained compensatory damages and civil penalties from
the owners and operators of a dental office, for allegedly
refusing to treat patients on the basis of their being HIV+. For
your and XX information, we have attached copies of the
consent order, settling that litigation, and the press release
announcing the consent order.

cc: Records, Chrono, Wodatch, McDowney, Bowen, Novich, FOIA, MAF

Udd:Novich:Congress:Gramm.2

01-03477
 -2-

XX should be aware that title III can be enforced

through a number of other methods, including private litigation
and alternative dispute resolution, such as mediation. Thus,
although the Department will be unable to assist XX with
her complaint, there are other entities that may be able to
assist her in resolving this matter. We have enclosed a list of
such entities located in Texas.

In addition, we are enclosing copies of two status reports

that detail the actions that the Civil Rights Division has
undertaken to enforce titles II and III of the ADA. These
reports illustrate that, although the Department of Justice is
unable to investigate every complaint that it receives, we are
taking strong action to enforce the law.

I hope this information is of assistance to you in

responding to your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division
Enclosures

01-03478
 March 22, 1994

Senator
Phil Gramm
Senate Russell Office Building, Room 370
Washington, DC 20510-4302

Dear Phil Gramm,

I regret to you to inform you of a medical professional, who seems

to be picking and choosing who he would like to treat. My brother
went to this so-called dentist to have his braces adjusted. My
brother had the guts and honesty to tell this doctor that he was
HIV positive, and the doctor paid my brother for his honesty by
refusing to remove his braces! Isn't this discrimination? Don't
I remember something about dentists being prosecuted for refusing
to treat HIV patients in New Orleans?? What kind of world is this?
Didn't this man take the same oath as every other doctor in this
country? I am writing to you to plead that this dentist be
punished to the fullest extent of the law!! My brother means
everything to me, and for anyone to treat him in this manner is
appalling to me!!!!!!!! You are the people that I am appealing to
do something, anything, everything, to make this man pay for his
ignorance! I would appreciate any and all help you can give to me,
to help my brother receive the justice he deserves!!!!!!!!!

Respectfully,

XX
Dallas, Texas XX

01-03479