28 C.F.R. § 35.102
Application
(a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities.
(b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA (42 U.S.C. 12141), they are not subject to the requirements of this part.
Notes of Decisions
Cited in 52
cases (13 in the last 5 years), 1994–2025 · leading case: Melton v. Dallas Area Rapid Transit, 391 F.3d 669 (5th Cir. 2004).
Melton v. Dallas Area Rapid Transit, 391 F.3d 669 (5th Cir. 2004). “28 C.F.R. § 35.102 (b). Thus, DART argues that because paratransit services are covered by part B, they are not subject to regulations promulgated by the Attorney General under 28 C.”
Mycal L. Ashby v. Warrick Cnty. Sch. Corp, 908 F.3d 225 (7th Cir. 2018). “28 C.F.R. § 35.102 . It therefore granted Warrick Schools' motion for summary judgment.”
Boose v. Tri-Cnty. Metro. Transp. Dist. of Oregon, 587 F.3d 997 (9th Cir. 2009). “102 explains that to the extent that public transportation services ... are covered by [Part] B .”
Clemons v. Dart, 168 F. Supp. 3d 1060 (N.D. Ill. 2016). “” 28 C.F.R. § 35.102 (a); see Jaros, 684 F.”
Calloway v. Boro of Glassboro Dep't of Police, 89 F. Supp. 2d 543 (D.N.J. 2000). “3d at 171 (quoting 28 C.F.R. § 35.102 (a) and pt. 35, app. A, subpt, A at 456 (1996 version)).”
Tyler v. City of Manhattan, 857 F. Supp. 800 (D. Kan. 1994). “See 28 C.F.R. § 35.102 (a). 10 . The individual preprinted forms making up the transition plan merely designate Mr.”
Ricky Crawford v. Indiana Dep't of Corr., 115 F.3d 481 (7th Cir. 1997). “102 (a), a Department of Justice regulation that explains that Subpart A of the ADA is applicable to “all services, programs, and activities provided or made available by public entities,” except certain public transportation services.”
Soto v. City of Newark, 72 F. Supp. 2d 489 (D.N.J. 1999). “” 28 C.F.R. § 35.102 (a) (1999). According to the Third Circuit, “[t]his broad language is intended to ‘appl[y] to anything a public entity does.”
Jotham Clement Johnson v. City of Saline, 151 F.3d 564 (6th Cir. 1998). “(discussing 28 C.F.R. § 35.102 ). . Because of this last fact, we decline to explore further what kind of notice Title II requires plaintiffs to provide.”
Williams v. City of New York, 121 F. Supp. 3d 354 (S.D.N.Y. 2015). “The Department of Justice’s implementing regulations for the ADA make clear that, with exceptions not relevant here, Title II of the ADA “applies to all services, programs, and activities provided or made available by public entities,” 28 C.F.R. § 35.102 (a), and requires public…”
Disabled in Action of Pennsylvania v. Nat'l Passenger R.R., 418 F. Supp. 2d 652 (E.D. Pa. 2005). “” 28 C.F.R. § 35.102 (b) (emphasis added). The number of spaces to park and secure wheelchairs and the number of spaces to park and fold wheelchairs are matters specifically covered by Part B.”
Abrahams v. MTA Long Island Bus, 644 F.3d 110 (2d Cir. 2011). “” 28 C.F.R. § 35.102 (b). 9 Although it is true that the DOT regulations at least acknowledge that public entities that provide transportation services “may be subject to ADA regulations of the Department of Justice” and that the DOT regulations shall be interpreted to be…”
28 C.F.R. § 35.102(a): 2 cases
Winborne v. Virginia Lottery, 677 S.E.2d 304 (Va. 2009).
Disability Rights New Jersey, Inc. v. Velez, 974 F. Supp. 2d 705 (D.N.J. 2013).
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