(1) A public entity shall not deny health services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of...
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§ 35.131(b)(1)
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§ 37.81(c)(1)
(1) The initial solicitation for used vehicles made by the public entity specifying that all used vehicles were to be accessible to and usable by individuals with disabilities, or, if a...
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§ 35.151(j)(1)
(1) Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities...
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§ 37.3 Individual with a disability
Individual with a disability means a person who has a disability, but does not include an individual who is currently engaging in the illegal use of drugs, when a public or private entity...
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II-5.4000 Existing parking lots or garages
A public entity should provide an adequate number of accessible parking spaces in existing parking lots or garages over which it has jurisdiction....
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Section 35.137 Mobility Devices (Section-by-Section Analysis)
Public entities may establish policies and procedures that address and distinguish among types of mobility devices....
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B. Legal foundation for captioning and video description
Title III of the ADA includes movie theaters within its definition of places of public accommodation. 42 U.S.C. 12181(7)....
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Section 36.303(g)(7) Compliance Date for Providing Captioning and Audio Description
NPRM, the Department proposed at § 36.303(g)(4)(i) that all movie theaters with auditoriums displaying digital movies must comply with the requirements of the rule within 6 months of the publication...
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Two-tiered definitional approach. (Section-by-Section Analysis)
Commenters nearly universally said that wheelchairs always should be accommodated and that they should never be subject to an assessment with regard to their admission to a particular public...
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B. JURISDICTION
According to the Museum, it is the only public museum in the world solely dedicated to the tradecraft, history, and contemporary role of espionage....
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§35.140 Employment discrimination prohibited (Section-by-Section Analysis)
(Section-by-Section Analysis) Title II of the ADA applies to all activities of public entities, including their employment practices....
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The Advance Notice of Proposed Rulemaking
Public response to the ANPRM was extraordinary. The Department extended the comment deadline by four months at the public's request. 70 FR 2992 (Jan. 19, 2005). ...
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"Existing Facility" (Section-by-Section Analysis)
The fact that the facility is also an existing facility does not relieve the public accommodation of its obligations under the new construction requirements of this part....
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Scope of coverage. (Section-by-Section Analysis)
If the golf course is for the exclusive use of club members and their guests, the golf course is not a public accommodation covered by title III. ...
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Section 36.103 Relationship to Other Laws (Section-By-Section Analysis and Response to Comments)
A public accommodation that is covered under both section 504 and the ADA is still required to meet the "program accessibility'' standard in order to comply with section 504, but would not...
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Section 36.302(f) Ticketing (Section-by-Section Analysis)
The ticketing policies and practices of public accommodations, however, are subject to title III's nondiscrimination provisions....
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‘‘Private club.’’ (Preamble, Section-by-Section Analysis)
Title II of the 1964 Act exempts any ‘‘private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available...
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11B-206.2.1 Site arrival points
At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation...
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Private club (Section-By-Section Analysis and Response to Comments)
Title II of the 1964 Act exempts any "private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available...
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Section 35.138 Ticketing (Section-by-Section Analysis)
The ticketing policies and practices of public entities, however, are subject to title II's nondiscrimination provisions....
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Inquiries about service animals. (Section-by-Section Analysis)
The NPRM proposed language at § 35.136(f) setting forth parameters about how a public entity may determine whether an animal qualifies as a service animal....
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Overview
This publication is designed to help title II and title III entities understand how new requirements for swimming pools, especially existing pools, apply to them....
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7. What is a reasonable modification?
A fundamental alteration can be a change that is so significant that it alters the essential nature of the public entity’s service, program, or activity. Id.; cf. U.S....
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‘‘Qualified interpreter.’’
Some claimed that few public entities would understand the difference between a qualified interpreter and a person who simply knows a few signs or how to fingerspell....