Ascension St. Vincent's Primary Care - St. Johns Seton Bldg.

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• Joshua Brady 1 · 6 months ago

  To Whom It May Concern, I am submitting this formal complaint regarding an incident that occurred at your facility involving my wife, Desiree [Last Name], during a primary care appointment on [insert date] at approximately [insert time]. This complaint alleges violations of federal disability law, specifically the Americans with Disabilities Act of 1990 (Title III) and the Rehabilitation Act of 1973. Summary of Incident: Upon arrival, my wife was accompanied by her medically necessary service dog, which is protected under federal law. While she was seated in the waiting area, a nurse exited a patient room, or hallway, she visibly reacted to the presence of the service animal by loudly screaming, and forcefully slammed the door. The nurse then reopened the door, called for another patient in a raised and urgent tone, and instructed them to “hurry up” specifically because of the presence of my wife’s service dog. This conduct created a hostile and stigmatizing environment, directly resulting in my wife experiencing an anxiety attack while attempting to access medical care. --- Applicable Federal Law and Violations: Your facility, as a healthcare provider, qualifies as a place of public accommodation under Title III of the ADA and is therefore subject to the following legal requirements: - 28 CFR § 36.202(a): “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services… of any place of public accommodation.” - 28 CFR § 36.302(c)(1): “A public accommodation shall modify policies… to permit the use of a service animal by an individual with a disability.” - 28 CFR § 36.206: “It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of… ADA rights.” Additionally, Department of Justice ADA guidance clearly states: - Individuals with service animals must not be isolated, stigmatized, or treated as disruptive. - Fear or discomfort by staff is not a valid justification for differential treatment. The behavior described constitutes: - Discriminatory conduct under §36.202 - Failure to properly accommodate a service animal under §36.302 - Interference and intimidation under §36.206 Further, because Ascension facilities receive federal funding (e.g., Medicare/Medicaid), this incident also falls under: - Section 504 of the Rehabilitation Act (29 U.S.C. § 794): “No otherwise qualified individual with a disability… shall, solely by reason of her or his disability, be excluded from participation in… any program receiving Federal financial assistance.” Impact: As a direct result of staff behavior: - My wife was publicly singled out due to her disability and use of a service animal - A hostile and discriminatory environment was created - She experienced an acute anxiety while attempting to receive medical care This is not a matter of customer service, it is a failure to comply with federally mandated disability protections in a healthcare setting, where the standard of care should be higher, not lower. Requested Actions: I am requesting the following: 1. A formal investigation into the incident, including identification of the staff member involved 2. Written findings of that investigation 3. Documentation of corrective actions taken 4. Immediate retraining of staff on ADA compliance, specifically service animal policies 5. Assurance that no patient will be subjected to similar treatment in the future --- Notice of Potential Escalation: If this matter is not addressed appropriately, I am prepared to escalate this complaint to: - The U.S. Department of Justice (ADA enforcement) - The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) I expect a formal response within a reasonable timeframe acknowledging receipt of this complaint and outlining next steps. This situation reflects a serious lapse in both legal compliance and professional conduct. It requires immediate attention.