Section 36.302(f)(3) of the proposed rule requires a facility to identify available accessible seating. In the Department's investigations of theaters and stadiums, the Department...
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Identification of available accessible seating. (Section-by-Section Analysis)
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Section 36.208 Direct Threat (Section-by-Section Analysis)
The proposed regulation moves the definition of direct threat from § 36.208(b) to the definitions section at § 36.104. This is an editorial change. Consequently, § 36.208(c) would...
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"1991 Standards" and "2004 ADAAG" (Section-by-Section Analysis)
The Department is proposing to add to the proposed regulation definitions of both the "1991 Standards" and the "2004 ADAAG." The term "1991 Standards" refers to the currently...
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Identification of accessible guest rooms. (Section-by-Section Analysis)
Proposed § 36.302(e)(2) states that hotel reservations services must identify and describe the accessible features in the hotels and guest rooms. This requirement is integral to...
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Consultation on auxiliary aid or service. (Section-by-Section Analysis)
A public accommodation should consult with the individual with a disability, wherever possible, to determine what auxiliary aid or service would provide effective communication. In...
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Effective date: Triggering event. (Section-by-Section Analysis)
In the ANPRM, the Department suggested "first use" as an alternative triggering event for facilities that do not require building permits or that do not receive certificates of...
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Companions in health care settings. (Section-by-Section Analysis)
Effective communication is particularly critical in health care settings where miscommunication may lead to misdiagnosis and improper or delayed medical treatment. Under the ADA,...
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Team or player seating areas. (Section-by-Section Analysis)
Section 221.2.1.4 of the 2004 ADAAG requires one or more wheelchair spaces to be provided in each team or player seating area with fixed seats, depending upon the number of seats...
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Subpart B-General Requirements (Section-by-Section Analysis)
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Section 35.136 Service Animals (Section-by-Section Analysis)
The Department's title II regulation now states that, "[a] public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are...
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Section 35.151(b) Alterations (Section-by-Section Analysis)
The Department's proposed rule would amend § 35.151(b)(2) to make clear that the path of travel requirements of § 35.151(b)(4) do not apply to measures taken solely to comply with...
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Subpart B--General Requirements (Section-by-Section Analysis)
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Subpart D--Program Accessibility (Section-by-Section Analysis)
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Alterations to cells and program access. (Section-by-Section Analysis)
When addressing the issue of alterations of prison cells, the Department must consider the realities of many inaccessible state prisons and strained budgets against the title II...
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Proposed requirement for cell alterations. (Section-by-Section Analysis)
The Department has concluded that Option II provides the best balance. Therefore, the Department is proposing § 35.152(c) that would provide that when cells are being altered, a...
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Team or player seating areas. (Section-by-Section Analysis)
Section 221.2.1.4 of the 2004 ADAAG requires one or more wheelchair spaces to be provided in each team or player seating area with fixed seats, depending upon the number of seats...
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"1991 Standards" and "2004 ADAAG" (Section-by-Section Analysis)
The Department is proposing to add to the proposed regulation definitions of both the "1991 Standards" and the "2004 ADAAG." The term "1991 Standards" refers to the currently...
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Identification of available accessible seating. (Section-by-Section Analysis)
Section 35.138(c) of the proposed rule requires a facility to identify available accessible seating if seating maps, brochures, or other information is provided to the general...
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Proposed behavior or training standards. (Section-by-Section Analysis)
Some commenters proposed behavior or training standards for the Department to adopt in its revised regulation, not only to remain in keeping with the requirement for individual...
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Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
The Department is also proposing a specific application of the ADA's general integration mandate. Section 35.152(b)(2) would require public entities to ensure that inmates or...
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Contractual arrangements with private entities. (Section-by-Section Analysis)
Prisons that are built or run by private entities have caused some confusion with regard to requirements under the ADA. The Department believes that title II obligations extend to...
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"Doing work'' or "performing tasks.'' (Section-by-Section Analysis)
‘‘Doing work'' or ‘‘performing tasks.'' The NPRM proposed that the Department maintain the requirement first articulated in the 1991 title III regulation that in order to qualify as...
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Current illegal use of drugs (Section-by-Section Analysis)
"Current illegal use of drugs." The phrase "current illegal use of drugs" is used in §35.131. Its meaning is discussed in the preamble for that section.
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§35.130(d) and §35.130(e) (Section-by-Section Analysis)
Paragraphs (d) and (e), previously referred to in the discussion of paragraph (b)(1)(iv), provide that the public entity must administer services, programs, and activities in the...