Nail Salon That Refused Pedicure For NJ Wheelchair Client Discriminated, Feds Say

POINT PLEASANT, NJ — A Point Pleasant nail salon that declined to give a woman in a wheelchair a pedicure when she could not get out of the chair has reached a settlement with federal authorities on a discrimination complaint, the U.S. Attorney's office announced.

USA Nails, located on Bridge Avenue in Point Pleasant, agreed to adopt and post in a conspicuous place a nondiscrimination policy, to train current and future employees on the requirements of Title III of the Americans with Disabilities Act, and to pay $1,000 in damages to the woman who was declined service, U.S. Attorney Phillip Sellinger said.

Title III prohibits disability discrimination in places of public accommodation, like nail salons, the U.S. Attorney's office said.

According to the settlement, the woman went to USA Nails on May 26, 2021, to get her nails done. The woman, who was not identified, uses a wheelchair and is unable to get out of the wheelchair without help. As a result, she could not get into a pedicure chair by herself, the court document said.

The woman said she had received pedicures elsewhere without getting out of her wheelchair, but the staff at USA Nails would not give her a pedicure while she was in her wheelchair, the document said.

The woman left in embarrassment, according to the court document.

"The United States has determined that USA Nails discriminated against the Complainant
by refusing to perform nail services for her because of her physical disabilities, in
violation of 42 U.S.C. § 12182 and 28 C.F.R. § 36.201(a)," the document said.

"Disability discrimination violates the ADA and cannot be tolerated," Sellinger said. "This agreement ensures that customers will not be turned away from receiving nail services simply because they happen to have a disability."

Federal authorities said, "The Department of Justice’s enforcement efforts under the ADA seek equal opportunity and dignity in all aspects of life, including access to public accommodations such as nail salons."

The Point Pleasant salon settlement is the third involving a nail salon; a North Carolina salon refused service to a person with HIV and a Louisiana salon refused services for a person in a wheelchair, the Justice Department said.

Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office online. Additional information about the ADA is available online or by calling the Department of Justice’s toll-free information line at 800-514-0301 and 800-514-0383 (TDD).