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

-2XX 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