When an entity determines that a condition in 1019 does not permit full compliance with a specific provision in 1013, the tent pad or tent platform is permitted to comply with the provision...
Search Results "Religious Entity"
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1013.1 General
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§1630.1(c)(4) Broad coverage
The primary object of attention in cases brought under the ADA should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether...
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Is there an official review and approval process under the ADA for alternatives pursued as an “equivalent facilitation”?
Proposed alternative designs, when supported by available data, are not prohibited; but in any ADA title II or title III investigation, compliance review, or lawsuit, the covered entity...
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6. ADA Coordinator
The ADA Coordinator will have substantial experience in evaluating or assisting public entities in evaluating the accessibility of facilities under Title II of the ADA, be knowledgeable...
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(A) Staircase replacements are alterations.
No. 101-336, Title II) and DOT’s implementing regulations (49 CFR part 37), when a public entity alters an existing public transportation facility or a part thereof, “in a way that affects...
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Maintenance of Accessible Features
If an accessible feature such as a wheelchair lift breaks down the public entity must ensure that improper or inadequate maintenance does not cause repeated failures....
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Video interpreting services. (Section-by-Section Analysis)
VIS can circumvent the difficulty of providing live interpreters quickly, which is why more public entities are providing qualified interpreters via VIS....
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ADA Team
First, the self-evaluation and transition plan require collecting information from all programs, services, and activities of the entity. This is too large a task for one person....
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ADA Checklist for Existing Facilities
State and local governments (ADA title II entities) must ensure “program accessibility.”...
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END NOTES
i Title II applies to all public entities, defined as “any state or local government. 42 U.S.C. §12131 (2002)....
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Size or weight limitations. (Section-by-Section Analysis)
is no need for a limit because ‘‘if, as a practical matter, the size or weight of an individual's service animal creates a direct threat or fundamental alteration to a particular public entity...
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T215 Communication Features
“Large transit entity,” which is a newly defined term in T103, refers to providers of public transportation services that “operat[e] . . . 100 or more buses in annual maximum service for...
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2. Netflix’s Watch Instantly Service Falls Within the Enumerated Categories of Public Accommodations
Netflix’s Watch Instantly Service Falls Within the Enumerated Categories of Public Accommodations Title III and its implementing regulation enumerate 12 categories of private entities...
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2. The ADA Title III Regulation
; (4) if applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees...
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Communicating with People Who Have Disabilities
The ADA requires public entities to take the steps necessary to communicate effectively with people who have disabilities, and uses the term “auxiliary aids and services” to refer to readers...
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A. Introduction (Section-by-Section Analysis)
The existing standards and guidelines are set forth in two separate regulatory parts—36 CFR Parts 1194 and 1193—and apply to different types of covered entities (e.g., federal entities and...
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1630.16(e)(1)
communicable diseases included on this list, and if the risk of transmitting the disease associated with the handling of food cannot be eliminated by reasonable accommodation, a covered entity...
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Conclusion
ramp, passageway between platforms, staircase, escalator, etc.) in an existing facility is itself the subject of alteration and is therefore subject to 49 CFR § 37.43(a)(1), the public entity...
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Surcharges
Title II Regulation 28 § 35.130 General prohibitions against discrimination: (f) A public entity may not place a surcharge on a particular individual with a disability or any group...
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§ 36.101(b) Broad coverage
The primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations and whether discrimination has occurred...
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§35.172 Resolution of complaints (Section-by-Section Analysis)
(Section-by-Section Analysis) Section 35.172 requires the designated agency to either resolve the complaint or issue to the complainant and the public entity a Letter of Findings containing...
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§35.130(b)(1)(i) (Section-by-Section Analysis)
Paragraph (b)(1)(i) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the aid, benefit, or service provided by a public entity...
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What the Law Says
But ADA’s Titles I, II and III do require that employers, public services, and public accommodations and services operated by private entities modify their policies and procedures to include...
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B. JURISDICTION
WHEREAS, title II of the ADA applies to Lewisboro because it is a "public entity;" 42 U.S.C. § 12131(1); 28 C.F.R. § 35.104; and WHEREAS, the Attorney General, through the U.S....