these proposed standards represents the culmination of a lengthy effort by the Access Board to update its guidelines, to make the federal guidelines consistent to the extent permitted by law...
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Section 35.151(c) Accessibility Standards for New Construction and Alterations (Section-by-Section Analysis)
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Alterations to cells. (Section-by-Section Analysis)
While expressing some support for Option II, one public interest law firm representing individuals with disabilities stated that Option III is the best, because many older prisons are inaccessible...
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Definition of "wheelchair.'' (Section-by-Section Analysis)
concern that the definition of ‘‘wheelchair'' in section 508(c)(2) of the ADA (formerly section 507(c)(2), July 26, 1990, 104 Stat. 372, 42 U.S.C. 12207, renumbered section 508(c)(2), Public Law...
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General Exceptions in FSTAG
Exception 4, where compliance is not possible because the cultural, historic, or significant natural features are protected or are eligible for protection under Federal, State, or local law...
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THE UNITED STATES' INVESTIGATION AND FINDINGS
The purpose of the investigation was to determine whether violations of federal civil rights laws, including Title II of the ADA, 42 U.S.C. §§ 12131-12134, its implementing regulation, 28...
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IV. ALTERATIONS AND NEW CONSTRUCTION
right to confirm implementation of the same and issue revisions (“Revised ADA Operating Policies”) or have the right to reasonably contest the claimed deficiency as provided by applicable law...
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Definition of "wheelchair." (Section-by-Section Analysis)
concern that the definition of ‘‘wheelchair'' in section 508(c)(2) of the ADA (formerly section 507(c)(2), July 26, 1990, 104 Stat. 372, 42 U.S.C. 12207, renumbered section 508(c)(2), Public Law...
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Mark Hulme
We provide clarity about conformity with federal laws and, ultimately, a plan of action through an opinion of cost, timeline scenarios, and even drawings, project bidding, and management...
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David New, Plaintiff, v. Lucky Brand Dungarees Stores, Inc., d/b/a Lucky Brand Jeans, Defendant - Statement of Interest of the United States of America
III of the ADA.1 Because Lucky Brand’s position contravenes the Department of Justice’s (“the Department”) consistent interpretation of public accommodations’ obligations under the law...
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Corada Product Certification Process
Access Board, DOJ, and other relevant standards-writing and enforcement agencies....
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Accessible Product Certification Process
Access Board, DOJ, and other relevant standards-writing and enforcement agencies....
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E. Paperwork Reduction Act
., Washington, DC 20503, and should also send a copy of their comments to: Department of Transportation, Office of Aviation Enforcement and Proceedings, Office of the General Counsel, 1200...
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Legislation
of the ADA "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities and to provide clear, strong, consistent, enforceable...
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TITLE III COVERAGE AND FINDINGS
The Attorney General is responsible for administering and enforcing title III of the ADA, 42 U.S.C. §§ 12181-12189, and the relevant regulation implementing title III, 28 C.F.R....
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b) Accessibility
RT 2046:15-2047:5, 2052:7-2053:20.11 Kirola's experts similarly failed to take into account the existence of conflicts between state and federal law relating to the placement of items such...
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James E. Woods, Ph.D., P.E. Natural Lighting for Persons with Low Vision
Federal Requirements (slide 3) This is a statement of the Guiding Principles that are mandated now by federal law. EISA 2007 requires [incorporation of] five Guiding Principles....
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§1607.5 General standards for validity studies.
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 arising under Federal law...
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11B-202.5 Alterations to qualified historic buildings and facilities
eligible for listing in the National Register of Historic Places under the National Historic Preservation Act (16 U.S.C. 470 et seq), or are designated as historic under State or local law...
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Section 36.208 Direct Threat (Preamble, Section-by-Section Analysis)
Such an inquiry is essential if the law is to achieve its goal of protecting disabled individuals from discrimination based on prejudice, stereotypes, or unfounded fear, while giving appropriate...
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§35.150 Existing Facilities
Paragraph (a)(3), which is taken from the section 504 regulations for federally conducted programs, generally codifies case law that defines the scope of the public entity’s obligation to...
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II. Cost-disproportionality Is Only a Factor Under Certain Circumstances
Consistent with DOT’s interpretation and Third Circuit case law, DOJ has also taken the position—based on the legislative history of the ADA—that “[c]osts are to be considered only when...
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How is slip resistance measured?
the James machine is the recognized test method and the 0.5 value (when measured by this tester) is the recognized minimum criterion for slip-resistant walking surfaces in courts of law...
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B. Defendant is Covered Under Title III Because it Owns and Operates its Watch Instantly Service; Other Control Arguments Are Not Supported or Are Inappropriate for Judgment on the Pleadings
Me. 2002) (ruling that on a Motion for Judgment on the Pleadings, court may not consider unsupported factual allegations in a memorandum of law.)...
