Contracting with Other Entities to Provide Programs, Services or Activities
The general nondiscrimination requirement and all of Title II apply whether a public entity provides the program, service or activity itself or is contracting with another entity to do so. This is particularly important because over the last 20 or so years many government services have been prioritized. In these cases the public entities must make sure the private business or organization they are contracting with uphold the same level of obligation as the public entity itself.
Examples
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A county mental health agency contracts with a private entity to run community-based services for people with mental illness. The state agency must ensure that the private entity does not discriminate against people with disabilities and complies with the agency’s Title II obligations.
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A state lottery contracts with convenience stores to sell state lottery tickets. The state lottery has an obligation to ensure that stores are accessible to people with disabilities, including people who use wheelchairs.
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(b) (1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability—
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