The 30 inches minimum width is based on comments submitted by the Disability Rights Education and Defense Fund (DREDF) regarding medical equipment dimensions in response to DOJ’s ANPRM on...
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Transfer Surface Size: Equipment Used by Patients in Supine, Prone, or Side-Lying Position (M301.2.2)
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Accessible golf cars (Section-by-Section Analysis)
Commenters also pointed out that the Departments of the Interior and Defense have already mandated that golf courses under their jurisdictional control must make accessible golf cars available...
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Swimming pools, wading pools, saunas, and steam rooms. (Section-by-Section Analysis)
Many argued that the readily achievable standard for barrier removal is available as a defense and is preferable to creating an exemption for pool operators for whom providing an accessible...
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Providing minimal protection. (Section-by-Section Analysis)
Several commenters noted that the existing direct threat defense, which allows the exclusion of a service animal if the animal exhibits unwarranted or unprovoked violent behavior or poses...
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Chapter 2: Putting the ADA on the Legislative Agenda: The National Council on Disability
During the 1980s the disability community was primarily on the defensive—withstanding a number of assaults and hoping simply to maintain its legislative and financial ground....
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Existing play areas. (Section-by-Section Analysis)
The Department believes that the factors used to determine program accessibility, including the limits established by the undue financial and administrative burdens defense, provide sufficient...
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§35.130(b)(2) (Section-by-Section Analysis)
individual, the extent to which that individual must be provided with modifications in the integrated program will depend not only on what the individual needs but also on the limitations and defenses...
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Providing minimal protection. (Section-by-Section Analysis)
Several commenters noted that the existing direct threat defense, which allows the exclusion of a service animal if the animal exhibits unwarranted or unprovoked violent behavior or poses...
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Swimming pools. (Section-by-Section Analysis)
Other commenters pointed out that the undue financial and administrative burdens defense already provided public entities with a means to reduce their scoping requirements....
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Alterations and Water Closet Clearances in Single-User Toilet Rooms With In-Swinging Doors (Section-by-Section Analysis)
Further, in any isolated instances where existing structural limitations may entail loss of space, the public entity and public accommodation may have a technical infeasibility defense for...
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5. Conforming Alternate Versions
With such broad exceptions intended to address technically challenging situations specifically built into the success criteria, an undue burden or fundamental alteration defense for using...
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Captioning at sporting venues. (Section-by-Section Analysis)
organizations and individuals with disabilities complained that using size or seating capacity as a threshold for captioning safety and emergency information would undermine the ‘‘undue burden'' defense...
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Captioning at sporting venues. (Section-by-Section Analysis)
organizations and individuals with disabilities complained that using size or seating capacity as a threshold for captioning safety and emergency information would undermine the ‘‘undue burden'' defense...
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Rulemaking History
Department of Planning, Engineering and Permits), Council of Citizens with Low Vision International, Disability and Business Technical Assistance Centers, Disability Rights Education and Defense...
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I. BACKGROUND
Defendant avers that it has defenses to each and every claim and that it voluntarily sought to remedy self-identified ADA violations prior to entering into this Consent Decree with the United...
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Conferences Audio, Conferences, Webinars and Web Courses
purpose of the ADA using a civil rights framework summarize what is required under Title II of the ADA, explain each nondiscrimination requirement for Title II of the ADA, identify the defenses...
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VI. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
the United States believes that Olympia has violated the Settlement Agreement, the United States may institute a civil action for relief in federal district court (subject to any and all defenses...
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ADA Facilities Compliance Risk Assessment Form
If anyone complains about it after it's built, it may have little defense. 40 - 59 This project is probably a good attempt at accessibility but may still lack accommodations for many...
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Safe harbor for qualified small businesses. (Section-by-Section Analysis)
Some proposed that litigation-related expenses, including defensive litigation costs, also should be accounted for in a small business safe harbor....
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Assessment factors. (Section-by-Section Analysis)
While all applicable affirmative defenses are available to public entities in the establishment and execution of their policies regarding other power-driven mobility devices, the Department...
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F202.4 Alterations Affecting Primary Function Areas
disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Administrator of the General Services Administration, the Secretary of Defense...
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§35.131 Illegal Use of Drugs
In other words, an addict cannot use the fact of his or her addiction as a defense to an action based on illegal use of drugs. This distinction is not artificial....
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Comments
On Department of Defense “STRACNET” lines, commenters said, it was particularly important to avoid the conflicts between freight cars and platforms that the commenters believed would occur...