Morning Session: ADA Title II – Public Entity Responsibilities and Ideas for ADA Coordinators James L.E. Terry, AIA, CASp Evan Terry Associates © 2014 Evan Terry...
Search Results "Program Accessibility"
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Morning Session: ADA Title II – Public Entity Responsibilities and Ideas for ADA Coordinators
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SECTION 504 OF THE REHABILITATION ACT OF 1973 POLICY INTERPRETATION NO. 3
Section 84.22: (a) Program accessibility. ...
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1. Program Access Fund
Program Access Fund The settlement shall include an annual commitment of $31 million per year for 30 years ($930 million), to be used for program access improvements and barrier removal...
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I. Purpose of the Regulatory Action
final rule is needed to clarify that public transportation entities are required to make reasonable modifications/accommodations to their policies, practices, and procedures to ensure program...
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III. Costs and Benefits
First, modifications to policies, practices, and procedures, if needed by an individual with a disability to enable him or her to participate in a program or activity, are already required...
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§ 37.5(i)(3) Public entity-public transport
transportation shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability or to provide program...
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ADA Title II: State and Local Government Activities
Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education...
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A. TITLE II OF THE ADA
Program access does not require that each and every facility is equally accessible to disabled persons. Cohen v. City of Culver, 754 F.3d 690, 694-95 & n.4 (9th Cir. 2014)....
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III. DISCUSSION
DISCUSSION Plaintiffs' Motion seeks partial summary judgment that: (1) Public sidewalks in the City of Los Angeles are services, programs, activities, and facilities covered by Title...
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A. Whether Sidewalks Are a Service Program, or Activity Covered by Title II of the ADA and Section 564 of the Rehabilitation Act
Whether Sidewalks Are a Service Program, or Activity Covered by Title II of the ADA and Section 564 of the Rehabilitation Act Plaintiffs argue that sidewalks are subject to the access...
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Existing Facilities
access....
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Sec. 12148. Public transportation programs and activities in existing facilities and one car per train rule. [Section 228]
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12148(a) Public transportation programs and activities in existing facilities
(a) Public transportation programs and activities in existing facilities...
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C. Whether the City Can Assert an Undue Burden Defense With Respect to Existing Facilities Covered by Section 504 of the Rehabilitation Act
, when Congress enacted the ADA (which came after the Rehabilitation Act), it dictated that Title II regulations be consistent with Rehabilitation Act regulations with the exception of program...
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C. FACILITIES AND PROGRAMS
FACILITIES AND PROGRAMS 67....
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1. Public Right-of-Way
The Court therefore affords Margen's conclusions regarding program access little weight. 193....
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2. Library and RecPark Facilities
The Court now addresses the expert testimony regarding whether mobility-impaired individuals have been provided with meaningful access to the City's Library and RecPark facilities....
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§ 37.61 Public transportation programs and activities in existing facilities
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1. Program Access
Program Access 100....
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a) Public Right-of-Way
prove that the City has failed provide program access as required by the ADA. 107....
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b) Library Program
Hecker, the City's expert, credibly testified that the number, distribution and features of the City's accessible libraries are sufficient to provide meaningful access to its library program...
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c) Aquatic Program
Neither Kirola nor class members presented any compelling evidence to establish a denial of program access to the City's aquatics program....
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d) RecPark Program
d) RecPark Program 124. Kirola's evidence regarding the City's RecPark program similarly fails to show a denial of program access....
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Safe harbor.
Under title II, program accessibility requires that state and local government agencies provide individuals with disabilities with access to their programs when "viewed in their entirety...