required to provide a reasonable modification to an individual who meets the definition of “disability” solely under the “regarded as” prong of the definition of “disability” at §35.108(a)(1)(iii...
Search Results "Title III"
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§ 35.130(b)(7)(ii)
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ADA Technical Assistance Manual Addendum (10/29/02)
Since A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act was published, the Supreme Court has issued three rulings that necessitate...
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12117(b)
--The agencies with enforcement authority for actions which allege employment discrimination under this title and under the Rehabilitation Act of 1973 shall develop procedures to ensure...
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Triggering event
In the NPRM, the Department proposed using the start of physical construction as the triggering event for applying the proposed standards to new construction under title III....
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Providing minimal protection. (Section-by-Section Analysis)
The 1991 title III regulation included language stating that ‘‘minimal protection'' was a task that could be performed by an individually trained service animal for the benefit of an individual...
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Triggering event. (Section-by-Section Analysis)
In the NPRM, the Department proposed using the start of physical construction as the triggering event for applying the proposed standards to new construction under title III....
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THE UNITED STATES OF AMERICA’S STATEMENT OF INTEREST ON THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT
SUMMARY JUDGMENT The United States files this Statement of Interest because the pending motions for summary judgment raise questions about the proper interpretation and application of title...
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PATH OF TRAVEL
. ◼ [ADA Titles II & III] Path of Travel. [§35.151(b)(4)(ii) & §36.403(e)] (1) A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means...
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SHOPPING CENTER (OR SHOPPING MALL)
. ◼ [ADA Title III] Shopping center or shopping mall. [§36.401(d)(1)(ii)] (A) A building housing five or more sales or rental establishments; or (B) A series of buildings...
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Captioning
Comments from the movie theater industry pointed out that the Department of Justice’s ADA regulations issued under title III state that movie theaters are not required to present open captioned...
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BACKGROUND
This matter was initiated by a complaint filed against MSHA alleging violations of Title III of the Americans with Disabilities Act of 1990 (“ADA”), as amended, 42 U.S.C. §§ 12181-12189,...
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Auxiliary aids and services: captioning and video interpreting services.
Section 36.303 of the title III regulation requires a public accommodation to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services...
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Maximum Extent Feasible
- Source: Definition from ADA Title III Regulations The Senate Report provides guidance on what the phrase "maximum extent feasible" means – The phrase "to the maximum extent...
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Place Of Public Accommodation
- Source: Definition from ADA Title III Regulations...
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END NOTES
i Title II applies to all public entities, defined as “any state or local government. 42 U.S.C. §12131 (2002)....
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CONCLUSION
For all the foregoing reasons, Defendants are in violation of title III of the ADA. Respectfully submitted, THOMAS E....
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PATH OF TRAVEL
.◼ [ADA Titles II & III] Path of Travel. [§35.151(b)(4)(ii) & §36.403(e)] (1) A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means...
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11B-223.1 General
While dispersion is not required, the flexibility it provides can be a critical factor in ensuring cost effective compliance with applicable civil rights laws, including titles II and III...
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9. Amend § 36.308 as follows:
Add paragraphs (a)(1)(iii) and (c) to read as follows:...
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§ 36.302(f)(5)(iii)(A) Series-of-events tickets sell-out when no ownership rights are attached
(A) Series-of-events tickets sell-out when no ownership rights are attached. When series-of-events tickets are sold out and a public accommodation releases and sells accessible...
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Recognition of psychiatric service animals but not "emotional support animals." (Section-by-Section Analysis)
, and similar title II facilities....
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§ 35.108 Definition of ‘‘disability.’’
(ii) The primary object of attention in cases brought under title II of the ADA should be whether public entities have complied with their obligations and whether discrimination has occurred...
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Footnotes
Title III of the ADA covers the nondiscrimination obligations of public accommodations, including private providers of goods and services to people with disabilities. 15 See 28 C.F.R....
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I. INTRODUCTION
The operative pleading is the First Amended Complaint ("FAC"), which alleges six claims for relief based on: (1) Title II of the Americans with Disabilities Act of 1990 ("Title II of the...