This matter is based on an investigation of the City by the Department of Justice (“Department”) for alleged violations of title I of the Americans with Disabilities Act (“ADA” or “title...
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BACKGROUND
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4.1.7(1)(a)
Comments of the Advisory Council on Historic Preservation shall be obtained when required by Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470 and...
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VIII. Enforcement
The remedies available are the same as those provided under section 504 of the Rehabilitation Act of 1973. A reasonable attorney's fee may be awarded to the prevailing party....
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Sections 35.108(g) and 36.105(g)—Exclusions
disability’’ in the title II and title III regulations, see 28 CFR 35.104, 36.104, which are based on 42 U.S.C. 12211(b), a statutory provision that was not modified by the ADA Amendments Act...
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68.10(16) Issue
(16) Issue--To mail, deliver, transmit, or otherwise release plans or specifications to an owner, lessee, contractor, subcontractor, or any other person acting for an owner or lessee for...
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9. Dedicated vehicles or special equipment in a vehicle
hand rails or a front seat in a vehicle for the passenger to avoid nausea or back pain) can be denied so long as the requested equipment is not required by the Americans with Disabilities Act...
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Designated Public Transportation and Specified Public Transportation
interested in matters concerning access to air travel for individuals with disabilities should refer to 14 CFR part 382, the Department's regulation implementing the Air Carrier Access Act...
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11B-226.1 General
However, the ADA and, where applicable, Section 504 of the Rehabilitation Act of 1973, as amended, provide that employees are entitled to "reasonable accommodations."...
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Site Impracticality Determinations
The Congressional sponsors of the Act (U.S....
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5. Other Issues—Federal Preemption
preamble of the September 2011 SNPRM, we stated that States are already preempted from regulating in the area of disability civil rights in air transportation under the Airline Deregulation Act...
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Q13: Specific Requirements for Road Alteration Projects by Public Entities that Receive Federal Financial Assistance
These regulations implement Section 504 of the Rehabilitation Act of 1973 (Section 504)....
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Common Problems Arising in the Installation of Accessible Pedestrian Signals
Chapter 4E.06 of the Manual on Uniform Traffic Control Devices (MUTCD 2003), adopted by State Departments of Transportation under the Federal-aid Highways Act, contains technical provisions...
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‘‘Private club.’’ (Preamble, Section-by-Section Analysis)
The term ‘‘private club’’ is defined in accordance with section 307 of the ADA as a private club or establishment exempted from coverage under title II of the Civil Rights Act of 1964....
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‘‘Facility.’’ (Preamble, Section-by-Section Analysis)
However, standards for new construction and alterations of such facilities are not yet included in the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities...
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Significant alternatives which minimize any significant economic impacts on small entities
significant alternatives that will minimize any significant impacts of these requirements on small governmental jurisdictions and achieve the objectives of the Americans with Disabilities Act...
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Rulemaking Authority
Our guidelines are not enforceable until they are adopted by a standard-setting agency under the architectural barriers act or under the Americans with Disabilities Act....
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§35.130 General prohibitions against discrimination (Section-by-Section Analysis)
In addition, §35.130 includes a number of provisions derived from title III of the Act that are implicit to a certain degree in the requirements of regulations implementing section 504....
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Private club (Section-By-Section Analysis and Response to Comments)
The term "private club'' is defined in accordance with section 307 of the ADA as a private club or establishment exempted from coverage under title II of the Civil Rights Act of 1964....
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Facility (Section-By-Section Analysis and Response to Comments)
However, standards for new construction and alterations of such facilities are not yet included in the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities...
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Passenger Elevators
exception permitting LULA elevators, since it offers a more economical alternative than a standard elevator and thus may help encourage inclusion of some vertical access where none is mandated...
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Section 36.302(f) Ticketing (Section-by-Section Analysis)
actions, and public comments related to ticketing, the Department became aware that some venue operators, ticket sellers, and distributors were violating title III's nondiscrimination mandate...
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Section 36.305 Alternatives to Barrier Removal (Preamble, Section-by-Section Analysis)
That section makes clear that the alternative methods requirement does not mandate the provision of personal devices, such as wheelchairs, or services of a personal nature....
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Inquiries about service animals. (Section-by-Section Analysis)
Accordingly, the Department has concluded that a documentation requirement of this kind would be unnecessary, burdensome, and contrary to the spirit, intent, and mandates of the ADA....
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B. Question 2: Section 904.4.1 and Clear Counter Space
sense to construe 904.4.1 to imply such a requirement: 904.4.1’s exception expressly recognizes that a sales or service counter that is less than 36 inches long can satisfy Title III’s mandate...