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28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)

Note: This NPRM is part of the Corada Archives, as it was originally published to the Federal Register in 2008. The Department of Justice published final regulations on September 15, 2010, and the revised final rules went into effect on March 15, 2011. On August 11, 2016, a final rule was published that took effect on October 11, 2016, that revised the Title II regulations to implement the requirements of the ADA Amendments Act of 2008.

(f) Hold and release of accessible seating. A public entity may release unsold accessible seating to any person with or without a disability following any of the circumstances described below:

(1) When all seating (excluding luxury boxes, club boxes, or suites) for an event has been sold;

(2) When all seating in a designated area in the facility has been sold and the accessible seating being released is in the same designated area; or

(3) When all seating in a designated price range has been sold and the accessible seating being sold is within the same designated price range.  Nothing in this provision requires a facility to release wheelchair seats for general sale.

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