Springfield Medical Aesthetic P.C. d/b/a Advanced Cosmetic Surgery of New York, and Emmanuel O. Asare, M.D., a plastic surgery practice and surgeon in that practice, were found by federal district judge Analisa Torres, after a bench trial, to have engaged in discrimination on the basis of disability in violation of Title III of the Americans with Disabilities Act of 1990 (“Title III of the ADA”). Specifically, Judge Torres concluded that Advanced Cosmetic, which has offices in Manhattan and Long Island, and Asare, had an unlawful policy of denying services to individuals who are, or perceived to be, living with HIV, and applied that policy to unlawfully deny services to three prospective patients on the basis of their disability. The Court further concluded that Advanced Cosmetic and Asare engaged in an unlawful practice of testing every preoperative patient for HIV, in violation of the ADA. Judge Torres awarded each of the three Patients $125,000 for emotional distress suffered as a result of Advanced Cosmetic’s and ASARE’s conduct, and imposed $15,000 in civil penalties. The Court also enjoined Advanced Cosmetic and ASARE from continuing to engage in practices that violate the ADA.
