28 C.F.R. § 35.133
Maintenance of accessible features
(a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.
(b) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.
(c) If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.
Notes of Decisions
Cited in 28
cases (9 in the last 5 years), 1995–2026 · leading case: William Cohen v. City of Culver City, 754 F.3d 690 (9th Cir. 2014).
William Cohen v. City of Culver City, 754 F.3d 690 (9th Cir. 2014). “” 28 C.F.R. § 35.133 (a). Because the regulations define “facility” to include “any portion of .”
Robert Foley & Patricia Foley v. City of Lafayette, Indiana, & Fred Taylor, 359 F.3d 925 (7th Cir. 2004). “Applying 28 C.F.R. § 35.133 , a regulation with language identical to that in 49 C.”
Kirola v. City of San Francisco, 74 F. Supp. 3d 1187 (N.D. Cal. 2014). “Under 28 C.F.R. § 35.133 , public entities “shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities[.”
Hamer v. City of Trinidad, 924 F.3d 1093 (10th Cir. 2019). “, 28 C.F.R. § 35.133 (a) ("A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities .”
Mote v. City of Chelsea, 284 F. Supp. 3d 863 (E.D. Mich. 2018). “" 28 C.F.R. § 35.133 . With respect to curb ramps, section 35.”
Partelow v. Massachusetts, 442 F. Supp. 2d 41 (D. Mass. 2006). “11 While federal regulations implementing the ADA require public entities to “maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities,” 28 C.F.R. § 35.133 (a), this…”
Paulone v. City of Frederick, 787 F. Supp. 2d 360 (D. Maryland 2011). “” 28 C.F.R. § 35.133 . Paulone also “denies that anyone communicated with her in writing until several hours after she arrived at the FCADC.”
Pack v. Arkansas Valley Corr. Facility, 894 P.2d 34 (Colo. Ct. App. 1995). “To the extent that 28 C.F.R. § 35.133 (a) (1994) provides that “a public entity shall maintain in operable working condition those features of facilities that are required to be readily accessible to and usable by persons with disabilities,” this requirement does not appear to…”
Burnett v. Ocean Props., Ltd., 327 F. Supp. 3d 198 (D. Me. 2018). “The ADA public accommodation standards are helpful: While federal regulations implementing the ADA require public entities to *238 "maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by…”
California Council of the Blind v. Cnty. of Alameda, 985 F. Supp. 2d 1229 (N.D. Cal. 2013). “” See 28 C.F.R. § 35.133 . Under this regulation, public entities are required to “maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.”
Vazquez v. Mun. of Juncos, 756 F. Supp. 2d 154 (D.P.R. 2010). “2006) (citing 28 C.F.R. § 35.133 ) (internal citations omitted).”
Adams v. Montgomery Coll., 834 F. Supp. 2d 386 (D. Maryland 2011). “at 6 (citing 28 C.F.R. § 35.133 ; 28 C.F.R. § 35.150 )).”
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