Hetz v. Aurora Med. Ctr. of Manitowoc County, No. 06-C-636 (E.D. Wis. June 18, 2007)

The plaintiff, a physician seeking hospital privileges at the defendant medical center, brought this action under Title III of the Americans with Disabilities Act ("ADA") claiming that the medical center denied his application for medical staff privileges because of his bipolar disorder and sleep apnea. The medical center filed a motion to dismiss for failure to state a claim, arguing that Title III of the ADA only offers protection to a public entity's clients and customers, and not to employees or independent contractors.

The U.S. District Court for the Eastern District of Wisconsin held that the physician had stated a proper Title III discrimination claim. The court concluded that, under the plain language of the ADA, Title III provides protection for an independent contractor in this case, since the physician is seeking use of the hospital's privileges and facilities primarily for the benefit of his own work, instead of for the benefit of the medical center. The court cautioned, however, that not all independent contractors will fit within the language of ADA Title III.