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28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)

Note: This regulation or portion of the regulations was replaced by the Department of Justice’s updated ADA regulations in 2010. It may not be complete or currently applicable. See the comparable section under the 2010 ADA Regulations.

"Individual with a disability'' means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public accommodation acts on the basis of such use. The phrase "current illegal use of drugs'' is explained in the preamble to Sec.36.209.

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