The readily achievable defense requires a less demanding level of exertion by a public accommodation than does the undue burden defense to the auxiliary aids requirements of Sec.36.303....
Search Results "Defenses"
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Section 36.304 Removal of Barriers (Section-By-Section Analysis and Response to Comments)
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Corada‘s Best in Accessibility Lists - Rules and Regulations
General Contractors Architects Engineers Interior Designers Landscape Architects Accessibility Lawyers – Plaintiff & Defense ADA Coordinators Accessibility Consultants...
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Telecommunications. (Section-by-Section Analysis)
may be legitimate reasons why in a particular situation some of these new and developing auxiliary aids may not be available, may be prohibitively costly (thus supporting an undue burden defense...
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The History of Accessibility Guidelines
Department of Defense, or the U.S. Postal Service. Those agencies developed their own guidelines. Uniform Federal Accessibility Standards (UFAS)— 1984 to 2006....
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Enforcement Provisions
of a dispute arising as to a determination of the possibility of identifying an accessible facility or one that can be made accessible on Election Day, the City maintains all claims and defenses...
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The Disability Community in 1988
The Disability Community in 1988 Although the 1980s began by putting the disability community and the broader civil rights community on the defensive, Wright, Kemp, Neas, Funk, Mayerson...
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First Victory
First Victory Sometimes, as in basketball, the best way to launch an offensive assault is to get a good defensive stop—a steal, a forced turnover....
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2. Standing
The defense of lack of subject matter jurisdiction may be raised at any time, and the court is under a continuing duty to examine its jurisdiction. Augustine v....
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Introduction
Department of Defense, the U.S. General Services Administration, and the U.S....
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General comments regarding safe harbor. (Section-by-Section Analysis)
The statutory defense maximizes accessibility by requiring case-specific, individualized determinations that excuse strict compliance when it is too difficult or costly. ...
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Equipment and furniture.
requires that entities operate each service, program, or activity so that, when viewed in its entirety, each is readily accessible to and usable by individuals with disabilities, subject to a defense...
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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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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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III-5.1000 General
There is no cost defense to the new construction requirements. What buildings are covered?...
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Transfer Surface Size: Equipment Used by Patients in Supine, Prone, or Side-Lying Position (M301.2.2)
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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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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B. Legal foundation for equipment and furniture coverage
service, program, or activity so that, when viewed in its entirety, the service, program, or activity is readily accessible to and usable by individuals with disabilities, subject to a defense...
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Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
Thus, corrections systems would not have to comply with the requirements of § 35.152(b)(1) in any specific circumstance where these defenses are met....
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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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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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Unraveling the Night: A Guide to Experiencing FNAF
Your only defenses are limited power, a few strategically placed doors, and a flashlight....
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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...