While all applicable affirmative defenses are available to public accommodations in the establishment and execution of their policies regarding other power-driven mobility devices, the Department...
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Assessment factors. (Section-by-Section Analysis)
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§1607.5 General standards for validity studies.
If the study does not demonstrate validity, this provision of these guidelines for interim use shall not constitute a defense in any action, nor shall it relieve the user of any obligations...
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§35.150 Existing Facilities
This paragraph does not establish an absolute defense; it does not relieve a public entity of all obligations to individuals with disabilities....
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Location of accessible routes to stages. (Section-by-Section Analysis)
the ability to provide a direct accessible route to a stage may be costly or technically infeasible, and the auditorium owner is not precluded by the revised requirement from asserting defenses...
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Section 504
Architectural Barriers Act of 1968 (ABA), 42 U.S.C. 4151-4157, directed four agencies, the General Services Administration, the Department of Housing and Urban Development, the Department of Defense...
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
Others noted that title II's ‘‘undue financial and administrative burdens'' and ‘‘fundamental alteration'' defenses eliminate any need for further exemptions from compliance....
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Equipment and furniture. (Section-by-Section Analysis)
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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Location of accessible routes to stages. (Section-by-Section Analysis)
area, the ability to provide a direct accessible route to a stage may be costly or technically infeasible, the auditorium owner is not precluded by the revised requirement from asserting defenses...
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6. Settlement Approval Process
the Settlement Class shall be vacated, and the Willits Action shall proceed as though the Settlement Class had never been certified, with all parties reserving all of their claims and defenses...
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A Bird’s Eye View of the House Deliberations
Persons with disabilities, on the other hand, were now more on the defensive. Their chief goal was to hold as much ground as possible amidst an onslaught of proposed revisions....
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Section 36.209 Illegal Use of Drugs (Preamble, Section-by-Section Analysis)
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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III. Enforcement and Implementation
The Parties acknowledge and agree that nothing in this Agreement shall be construed as a waiver by the State of Connecticut or the University of any rights or defenses of sovereign immunity...
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Section 36.209 Illegal Use of Drugs (Section-By-Section Analysis and Response to Comments)
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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Section 36.302 Modifications in Policies, Practices, or Procedures (Preamble, Section-by-Section Analysis)
The rule enunciated in § 36.307 is consistent with the ‘‘fundamental alteration’’ defense to the reasonable modifications requirement of § 36.302....
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1. Scope of the Evidence
United States, 704 F.2d 1074, 1077 (9th Cir. 1983) ("The defense of lack of subject matter jurisdiction cannot be waived, and the court is under a continuing duty to dismiss an action whenever...
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Provisions of the Final Rule
Please note that under our section 504 regulations at part 27, there is an undue financial and administrative burden defense, which is not relevant to our ADA regulations at part 37....
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Section 36.302 Modifications in Policies, Practices, or Procedures (Section-By-Section Analysis and Response to Comments)
The rule enunciated in Sec.36.307 is consistent with the "fundamental alteration'' defense to the reasonable modifications requirement of Sec.36.302....
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Section 1194.3 General Exceptions (Preamble, Section-by-Section Analysis)
The Board understands that the Department of Defense interprets this to mean that a computer designed to provide early missile launch detection would not be subject to these standards, nor...
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Section 36.203 Integrated Settings (Preamble, Section-by-Section Analysis)
Thus, the integration requirement is subject to the various defenses contained in subpart C, such as safety, if eligibility criteria are at issue (Sec.36.301(b)), or fundamental alteration...
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Tom Williams, AIA, National Accessibility Officer, GSA, Public Buildings Service
Glazing Systems The next line of defense is the glazing system. And shading can occur both inside and outside. So you have a choice of different kinds of shading....
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Section 36.203 Integrated Settings (Section-By-Section Analysis and Response to Comments)
Thus, the integration requirement is subject to the various defenses contained in subpart C, such as safety, if eligibility criteria are at issue (Sec.36.301(b)), or fundamental alteration...
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Whether the definition of ‘‘wheelchair'' includes the Segway® PT. (Section-by-Section Analysis)
confined and crowded facilities or in settings where motorized devices might be unexpected; the potential harm to the environment; the additional administrative, insurance, liability, and defensive...
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Rulemaking History
Building Officials and Code Administrators International, Building Owners and Managers Association International, Council of American Building Officials, Disability Rights Education and Defense...