28 CFR 35.150 - Existing facilities
| Cite as | 28 CFR 35.150 |
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333 practice notes
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Part III
...by individuals with disabilities, subject to a defense of fundamental alteration or undue burden, will continue to govern this issue. 28 CFR 35.150(a). The Department is aware that the Department of Defense has recently undertaken an extensive study of the accessibility of golf courses oper......
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Nondiscrimination in Health Programs and Activities
...final rule as well as under Title III of the ADA. --------------------------------------------------------------------------- \216\ See 28 CFR 35.150(a); 45 CFR 84.22(a); Bird. v. Lewis and Clark Coll, 303 F.3d 1015, 1021 (9th Cir. 2002), cert. denied, 538 U.S. 923 (2003) (``the central inq......
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Dep't of Fair Emp't & Hous. v. Law Sch. Admission Council Inc., No. C–12–1830 EMC.
...Lonberg addressed a public entity's obligation to create a “transition plan” to achieve program accessibility as required by 28 C.F.R. § 35.150(d), and Abrahams addressed procedural requirements mandated by the Department of Transportation in 49 C.F.R. § 37.137(c) that public entities permi......
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Kirola v. City & Cnty. of S.F., Case No: C 07–3685 SBA
...effective date of the ADA and those built or altered after.Existing facilities constructed prior to January 26, 1992, are subject to 28 C.F.R. § 35.150, which requires only “program access. ” 760 F.3d at 988. Program access does not require that each and every facility is equally accessible......
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314 cases
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Kirola v. City & Cnty. of S.F., Case No: C 07–3685 SBA
...effective date of the ADA and those built or altered after.Existing facilities constructed prior to January 26, 1992, are subject to 28 C.F.R. § 35.150, which requires only “program access. ” 760 F.3d at 988. Program access does not require that each and every facility is equally accessible......
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People First of Ala. v. Merrill, Civil Action Number 2:20-cv-00619-AKK
...Title II when a disabled person cannot readily access the program, service, or benefit at issue. Shotz , 256 F.3d at 1080 (citing 28 C.F.R. § 35.150). However, mere difficulty in accessing a benefit is not, by itself, a violation of the ADA. See Bircoll v. Miami-Dade Cty. , 480 F.3d 1072, 1......
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People First of Ala. v. Merrill, Civil Action Number 2:20-cv-00619-AKK
...a service, program, or activity," but rather when such an offering is not "readily accessible." Shotz , 256 F.3d at 1080 (citing 28 C.F.R. § 35.150 ).35 However, mere difficulty in accessing a benefit is not, by itself, a violation of the ADA. See Bircoll , 480 F.3d at 1088. Instead, a plai......
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Dunn v. Dunn, CIVIL ACTION NO 2:14cv601-MHT (WO)
...violations of Department of Justice regulations promulgated pursuant to Title II of the ADA, see 28 C.F.R. §§ 35.107(a), 35.107(b), 35.150(d)): the failure to (1) appoint and train ADA coordinators, (2) adopt ADA grievance procedures, and (3) develop an ADA transition plan. Defendants conce......
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5 firm's commentaries
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Can Barriers to Wheelchair Access Be “Grandfathered In”?
...A useful checklist from the Institute for Human Centered Design is here. [2] 42 U.S.C. § 12183(a)(2). [3] 42 U.S.C. §§ 12132, 12134(a); 28 CFR §§ 35.150, 35.151. [4] Hamer v. City of Trinidad, Colorado, 924 F.3d 1093, 1097 (10th Cir.), cert. denied sub nom. City of Trinidad, Colorado v. Ham......
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Defending Visually-Impaired Pedestrians In Chicago With Disability Rights Advocates
...operate "each service, program, or activity" so that they are "readily accessible to and usable by individuals with disabilities." 28 C.F.R. § 35.150. While the City has in the past announced plans to address this issue, no significant progress has been made. The City's most recently announ......
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Defending Visually-Impaired Pedestrians in Chicago with Disability Rights Advocates
...operate “each service, program, or activity” so that they are “readily accessible to and usable by individuals with disabilities.” 28 C.F.R. § 35.150. While the City has in the past announced plans to address this issue, no significant progress has been made. The City’s most recently announ......
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Defending Visually-Impaired Pedestrians in Chicago with Disability Rights Advocates
...operate “each service, program, or activity” so that they are “readily accessible to and usable by individuals with disabilities.” 28 C.F.R. § 35.150. While the City has in the past announced plans to address this issue, no significant progress has been made. The City’s most recently announ......
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1 books & journal articles
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Family Law, Parents with Disabilities, and the Americans with Disabilities Act
...(2018).112. Id. § 36.302.113. Id. § 36.303.114. Id. §§ 36.401–36.406.115. 42 U.S.C. §§ 12133, 12188 (2018).116. Id. § 12188.117. 28 C.F.R. §§ 35.150 & 35.164.118. Id.119. Id. §§ 36.302 & 36.303.120. Id. § 36.208.121. See, e.g.,id. § 35.130(b); see also 28 C.F.R. pt. 35, App. B (2018) (expla......