Group ticket sales present another area in which the Department believes additional regulatory guidance is appropriate. The purpose of the proposed rule at § 35.138(i)(2) is to...
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Group ticket sales. (Section-by-Section Analysis)
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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)(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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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...