These proposals will reduce the administrative burdens associated with implementing the statute and ensure that the Department retains the flexibility to allocate its limited enforcement...
Search Results "AASHTO: American Association of State Highway and Transportation Officials"
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Sections 35.171, 35.172, and 35.190--Streamlining Complaint Investigations and Designated Agency Authority (Section-by-Section Analysis)
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226 and 902 Dining Surfaces and Work Surfaces
Commenters stated that basing accessible seating on seating spaces and standing spaces potentially represents a significant increase in scoping, particularly given the ambiguity in what...
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Medical facilities
The Department is persuaded by these comments and has added Sec. 35.151(k)(3), which states that “[w]ith respect to medical and long-term care facilities in jails, prisons, and other detention...
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Section 36.401 New Construction (Preamble, Section-by-Section Analysis)
The proposed rule stated that ‘‘any public accommodation or other private entity responsible for design and construction’’ must ensure that facilities conform to this requirement....
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C. Federal Appellate Case Law
In Harkins, the Ninth Circuit reversed a district court decision dismissing a complaint for failure to state a claim and held that “closed captioning” and audio description are “auxiliary...
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Section 36.303(g)(1) Closed Movie Captioning
Other commenters disagreed, however, and stated that the Department should avoid using the term “closed captioning” to distinguish it from the “closed captioning” that is turned on at home...
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Specific Exclusions
The Act also states that the term "disability" does not include the following sexual and behavioral disorders: transvestism, transsexualism, pedophilia, exhibitionism, voyeurism...
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A. The Substantive Legal Dispute
that Defendants' failure to install and maintain such pedestrian rights of way constitutes a systematic denial of meaningful access and discrimination that, in turn, violates federal and state...
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2010 STANDARDS FOR ACCESSIBLE DESIGN
State and local governments may choose between compliance with the 1991 ADA Standards, the Uniform Federal Accessibility Standards (UFAS), or the 2010 Standards....
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Resource Description
If you need technical assistance, please contact the OCR regional office serving your State or Territory by: visiting http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm, or...
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Consultation on auxiliary aid or service. (Section-by-Section Analysis)
Proposed § 36.303(c)(2) states that a public accommodation shall not require an individual with a disability to bring another individual to interpret for him or her. ...
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JURISDICTION AND VENUE
Under the doctrines of pendent and supplemental jurisdiction, this Court has jurisdiction over claims alleged herein arising under Washington state law. 28 U.S.C. § 1367. 16....
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Building
The commenter stated that, in the building industry, "building" is defined by exterior walls and fire walls, and that an apartment structure of four units could be subdivided into two separate...
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Step 4 - Adopt a Grievance Procedure
This procedure encourages prompt and equitable resolution of the problem at the local or state level without forcing people to file a federal complaint or a lawsuit....
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Example: Historic House Museum
After reviewing the alterations with the State historic preservation office, the town determines that the second floor cannot be made accessible without threatening the unique features and...
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1. Background
economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State...
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7. I do not own the building, so I am not liable for accessibility.
Under California law, lease and rental agreements must state whether the property was inspected by a CASp and, if so, whether or not the property is compliant with all applicable construction-related...
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ACTIONS TO BE TAKEN BY AJM LAW
AJM Law will report to the United States on its progress in implementing this Agreement, including the actions described in paragraph 15, 30 days from the effective date of this Agreement...
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BACKGROUND
The United States alleges that the Village has engaged in a pattern or practice of discrimination under the ADA by requiring applicants to disclose disabilities and/or medical information...
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BACKGROUND
The United States alleges that the City has engaged in a pattern or practice of discrimination under the ADA by requiring applicants to disclose disabilities and/or medical information in...
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IV. Program Access
State and local governments-- Must ensure that individuals with disabilities are not excluded from services, programs, and activities because buildings are inaccessible....
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M201.1 Enforcing Authority
An enforcing authority can be a federal, state, or local government agency that enforces laws prohibiting discrimination on the basis of disability, or regulates health care facilities....
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Medical facilities. (Section-by-Section Analysis)
The Department is persuaded by these comments and has added § 35.151(k)(3), which states that ‘‘[w]ith respect to medical and long-term care facilities in jails, prisons, and other detention...
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II-3.1000 General
The ADA similarly extends section 504's nondiscrimination requirement to all activities of State and local governments, not only those that receive Federal financial assistance....