The approach in §35.138(f)(1) allows for the release of unsold accessible seating once standard seats in the facility have been sold. (Luxury boxes, club boxes, or suites are not...
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Facility sell-out. (Section-by-Section Analysis)
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Subpart E--Communications (Section-by-Section Analysis)
[See subsections ...]
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Section 35.160 Communications (Section-by-Section Analysis)
The Department proposes to expand § 35.160(a) to clarify that a public entity's obligation to ensure effective communication extends not just to applicants, participants, and members...
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Fishing piers and platforms. (Section-by-Section Analysis)
Sections 206.2.14 and 237 of the 2004 ADAAG require at least twenty-five percent (25%) of railings at fishing piers and platforms to be no higher than 34 inches high, so that a...
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Saunas and steam rooms. (Section-by-Section Analysis)
The Department is proposing one specific provision to minimize the potential impact of the new requirements on existing saunas and steam rooms. Section 241 of the 2004 ADAAG...
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Miniature golf courses. (Section-by-Section Analysis)
Sections 206.2.16, 239.2, and 239.3 of the 2004 ADAAG require at least fifty percent (50%) of the holes on miniature golf courses to be accessible and connected to an accessible...
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Miniature Golf Courses (Section-by-Section Analysis)
The Department proposes to adopt the requirements for miniature golf courses in the 2004 ADAAG. However, it requests public comment on a suggested change to the requirement for...
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Number of accessible cells. (Section-by-Section Analysis)
Section 232.2.1 of the 2004 ADAAG requires at least two percent (2%), but no fewer than one, of the cells in newly constructed detention and correctional facilities to have...
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Section 35.161 Telecommunications (Section-by-Section Analysis)
The Department proposes to retitle this section "Telecommunications" to reflect situations in which a public entity must provide an effective means to communicate by telephone for...
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Ticket distribution methods. (Section-by-Section Analysis)
Section 35.138(a) states the general rule that a public entity shall modify its policies, practices, and procedures to ensure that individuals with disabilities can purchase single...
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Hospital and healthcare settings. (Section-by-Section Analysis)
Public entities, including public hospitals, must modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 28 CFR...
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Purchase of multiple tickets. (Section-by-Section Analysis)
The Department has received numerous complaints stating that assembly operators are unfairly restricting the number of tickets that can be purchased by individuals with...
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Captioning at sporting venues. (Section-by-Section Analysis)
The Department is aware that individuals who are deaf or hard of hearing have expressed concerns that they are unaware of information that is provided over the public address...
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Multiple chemical sensitivities. (Section-by-Section Analysis)
Multiple chemical sensitivities. The Department received comments from a number of individuals asking the Department to add specific language to the final rule addressing the needs...
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§35.130(b)(3) (Section-by-Section Analysis)
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)(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...