Paragraph (b)(3) prohibits the public entity from utilizing criteria or methods of administration that deny individuals with disabilities access to the public entity's services,...
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§35.130(b)(3) (Section-by-Section Analysis)
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§35.130(b)(6) (Section-by-Section Analysis)
Paragraph (b)(6) prohibits the public entity from discriminating against qualified individuals with disabilities on the basis of disability in the granting of licenses or...
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§35.130(b)(8) (Section-by-Section Analysis)
Paragraph (b)(8), a new paragraph not contained in the proposed rule, prohibits the imposition or application of eligibility criteria that screen out or tend to screen out an...
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Secondary ticket market. (Section-by-Section Analysis)
Secondary ticket market. Section 36.302(f)(7) is a new provision in the final rule that requires a public accommodation to modify its policies, practices, or procedures to ensure...
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§35.130(b)(2) (Section-by-Section Analysis)
Paragraph (b)(2) specifies that, notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a...
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Historic preservation programs (Section-by-Section Analysis)
"Historic preservation programs" and "Historic properties" are defined in order to aid in the interpretation of §§ 35.150(a)(2) and (b)(2), which relate to accessibility of historic...
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Assistant Attorney General (Section-by-Section Analysis)
"Assistant Attorney General." The term "Assistant Attorney General" refers to the Assistant Attorney General of the Civil Rights Division of the Department of Justice.
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§35.130(b)(7) (Section-by-Section Analysis)
Paragraph (b)(7) is a specific application of the requirement under the general prohibitions of discrimination that public entities make reasonable modifications in policies,...
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Illegal use of drugs (Section-by-Section Analysis)
"Illegal use of drugs." The definition of "illegal use of drugs" is taken from section 510(d)(1) of the Act and clarifies that the term includes the illegal use of one or more drugs.
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Auxiliary aids and services (Section-by-Section Analysis)
"Auxiliary aids and services." Auxiliary aids and services include a wide range of services and devices for ensuring effective communication. The proposed definition in §35.104...
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Qualified individual with a disability (Section-by-Section Analysis)
"Qualified individual with a disability." The definition of "qualified individual with a disability" is taken from section 201(2) of the Act, which is derived from the definition of...
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Size or weight limitations. (Section-by-Section Analysis)
Size or weight limitations. The vast majority of commenters did not support a size or weight limitation. Commenters were typically opposed to a size or weight limit because many...
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Accessible golf cars. (Section-by-Section Analysis)
Accessible golf cars. An accessible golf car means a device that is designed and manufactured to be driven on all areas of a golf course, is independently usable by individuals with...
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Other recreation facilities. (Section-by-Section Analysis)
Other recreation facilities. In the NPRM, the Department asked about a number of issues relating to recreation facilities, such as team or player seating areas, areas of sport...
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§35.130(b)(5) (Section-by-Section Analysis)
Paragraph (b)(5) prohibits the public entity, in the selection of procurement contractors, from using criteria that subject qualified individuals with disabilities to discrimination...
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Web site accessibility. (Section-by-Section Analysis)
Web site accessibility. Many commenters expressed disappointment that the NPRM did not specifically require title III-covered entities to make their Web sites, through which they...
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Providing minimal protection. (Section-by-Section Analysis)
Providing minimal protection. The 1991 title III regulation included language stating that ‘‘minimal protection'' was a task that could be performed by an individually trained...
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E103.4 Audio Description (Section-by-Section Analysis)
The term “audio description” is used in existing 508 Standards § 1194.24(d) but not defined. We would add a definition derived from WCAG 2.0, which would in part explain that “audio...
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§35.130(b)(4) (Section-by-Section Analysis)
Paragraph (b)(4) specifically applies the prohibition enunciated in §35.130(b)(3) to the process of selecting sites for construction of new facilities or selecting existing...
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General rule on reservations. (Section-by-Section Analysis)
General rule on reservations. Section 36.302(e)(1) of the NPRM required a public accommodation that owns, leases (or leases to), or operates a place of lodging to: Modify its...
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Purchase of multiple tickets. (Section-by-Section Analysis)
Purchase of multiple tickets. In the NPRM, the Department proposed § 36.302(f)(9) to address one of the most common ticketing complaints raised with the Department: that individuals...
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Chapter 5: Software (Section-by-Section Analysis)
Chapter 5 contains proposed technical requirements for software, applications, platforms, and software tools. The requirements in this chapter, along with the scoping provisions in...
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Captioning at sporting venues. (Section-by-Section Analysis)
Captioning at sporting venues. In § 36.303(g) of the NPRM, the Department proposed that sports stadiums that have a capacity of 25,000 or more shall provide captioning for safety and...
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E103.4 508 Standards (Section-by-Section Analysis)
The term “508 Standards” is defined in order to provide consistent cross-reference within the standards to all chapters that apply to Section 508-covered federal entities, namely:...