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B. Defendant is Covered Under Title III Because it Owns and Operates its Watch Instantly Service; Other Control Arguments Are Not Supported or Are Inappropriate for Judgment on the Pleadings
For title III to apply, a defendant must be a “person who owns, leases (or leases to), or operates a place of public accommodation.” 42 U.S.C. § 12182....
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VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
[See subsections ...]
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III-2.3000 Drug addiction as an impairment
III−2.3000 Drug addiction as an impairment. Drug addiction is an impairment under the ADA....
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III. Public Accommodations
III. Public Accommodations...
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“Americans” in the title of the ADA
The use of the term “Americans” in the title of the ADA, in the EEOC's regulations, or in this appendix as amended is not intended to imply that the ADA only applies to United States citizens...
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§35.131(a)(2)(iii)
(iii) Is erroneously regarded as engaging in such use....
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§ 36.209(a)(2)(iii)
(iii) Is erroneously regarded as engaging in such use....
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§ 35.138(a)(2)(iii)
(iii) Through the same methods of distribution;...
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§ 35.131(a)(2)(iii)
(iii) Is erroneously regarded as engaging in such use....
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§ 36.504(a)(1)(iii)
(iii) Making facilities readily accessible to and usable by individuals with disabilities;...
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III-3.12000 Places of public accommodation located in private residences
III−3.12000 Places of public accommodation located in private residences....
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§ 36.105(a)(1)(iii)
(iii) Being regarded as having such an impairment as described in paragraph (f) of this section....
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§1630.4(a)(1)(iii)
(iii) Rates of pay or any other form of compensation and changes in compensation;...
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III-7.5120 Windows
III−7.5120 Windows (ADAAG §4.1.3(6)). There are currently no requirements for windows....
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III-7.5100 General
III−7.5100 General. This section contains scoping requirements for new construction....
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§ 35.108(a)(1)(iii)
(iii) Being regarded as having such an impairment as described in paragraph (f) of this section....
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§ 37.215(a)(1)(iii)
(iii) The ridership of small and large operators' demand-responsive service by passengers with disabilities....
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III-4.4100 General
III−4.4100 General....
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III-8.4000 Suit by the Attorney General
III−8.4000 Suit by the Attorney General....
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Employment Today - Chapter 7 - Undue Hardship
Employment Today - Chapter 7 - Undue Hardship (by the California Department of Rehabilitation)
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4.1.3(8)(a)(iii)
(iii) An accessible entrance must be provided to each tenancy in a facility (for example, individual stores in a strip shopping center)....
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III-7.4100 General
III−7.4100 General. This section addresses exterior features such as parking, portable toilets, and exterior signage in new construction....
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III-8.2000 Private suits
III−8.2000 Private suits....
