There were many comments by service dog users urging the Department to remove from the definition "providing minimal protection." The commenters set forth the following reasons: ...
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"Minimal protection." (Section-by-Section Analysis)
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"Task" emphasis. (Section-by-Section Analysis)
Many commenters followed the lead of an umbrella service dog organization in suggesting that "performing tasks" should form the basis of the service animal definition, that "do work"...
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"Alerting to intruders." (Section-by-Section Analysis)
Some commenters argued that the phrase "alerting to intruders" in the current text has been misinterpreted by some people to apply to a special line of protection dogs that are...
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"Qualified Reader" (Section-by-Section Analysis)
The current title III regulation identifies a qualified reader as an auxiliary aid, but it does not define the term. See 28 CFR 36.303(b)(2). Based upon the Department's...
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Narrative description. (Section-by-Section Analysis)
The Department is also considering options under which it might require that movie theater owners and operators exhibit movies with narrative descriptions, which enable individuals...
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Comfort animals. (Section-by-Section Analysis)
It is important to address the concept of comfort animals or emotional support animals, which have become increasingly popular, primarily with individuals with mental or psychiatric...
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"Qualified Interpreter" (Section-by-Section Analysis)
The Department proposes to add to the definition of qualified interpreter to clarify that the term includes, but is not limited to, sign language interpreters, oral interpreters, and...
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Wading pools. (Section-by-Section Analysis)
Section 242.3 of the 2004 ADAAG provides that newly constructed or altered wading pools must provide at least one sloped means of entry to the deepest part of the pool. The...
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Boating facilities. (Section-by-Section Analysis)
Sections 206.2.10, 235.2, and 235.3 of the 2004 ADAAG require a specified number of boat slips and boarding piers at boat launch ramps to be accessible and connected to an accessible...
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Play areas. (Section-by-Section Analysis)
Sections 206.2.17, 206.7.8, and 240.1 of the 2004 ADAAG provide a detailed set of requirements for newly constructed and altered play areas. At least one ground level play component...
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Exercise machines. (Section-by-Section Analysis)
Sections 206.2.13 and 236 of the 2004 ADAAG require one of each type of fixed exercise machine to meet clear floor space specifications and to be on an accessible route. Types of...
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Define "task." (Section-by-Section Analysis)
One commenter suggested defining the term "task," presumably so that there would be a better understanding of what type of service performed by an animal would qualify for coverage. ...
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Subpart A-General (Section-by-Section Analysis)
[See subsections ...]
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Scope of coverage. (Section-by-Section Analysis)
As illustrated by the above discussion, the 2004 ADAAG introduces supplemental scoping and technical requirements for play areas and recreation facilities that apply to elements and...
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Swimming pools. (Section-by-Section Analysis)
The Department is proposing two specific provisions to minimize the potential impact of the supplemental requirements on existing swimming pools. First, the Department is proposing...
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"Service Animal" (Section-by-Section Analysis)
Although there is no specific language in the current title II regulation concerning service animals, title II entities have the same legal obligations as title III entities to make...
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Subpart A--General (Section-by-Section Analysis)
[See subsections ...]
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Alterations to cells. (Section-by-Section Analysis)
In the ANPRM, the Department proposed three options for altering cells. The vast majority of commenters (numbering three to one) supported Option II, which would allow substitute...
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Exercise machines. (Section-by-Section Analysis)
Sections 236 and 206.2.13 of the 2004 ADAAG require one of each type of fixed exercise machine to meet clear floor space specifications and to be on an accessible route. Types of...
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Swimming pools. (Section-by-Section Analysis)
As noted earlier, the program accessibility requirement does not require public entities to make structural modifications to existing facilities except where such modifications may...
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"Existing Facility" (Section-by-Section Analysis)
Under the ADA, a facility may be one or more of three types at different points in time: (1) an existing facility, (2) an altered facility, or (3) a newly designed and constructed...
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Ticket pricing. (Section-by-Section Analysis)
Section 35.138(g) of the proposed rule addresses ticket pricing. The proposed rule codifies the Department's longstanding policy that public entities cannot impose a surcharge for...
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"Alerting to intruders." (Section-by-Section Analysis)
Some commenters expressed a similar concern regarding the phrase "alerting . . . to intruders" in the current text as the concern expressed by commenters regarding the phrase...
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"Qualified Interpreter" (Section-by-Section Analysis)
The Department proposes to add to the definition of "qualified interpreter" to clarify that the term includes, but is not limited to, sign language interpreters, oral interpreters,...