28 C.F.R. § 35.135
Personal devices and services
This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1994–2022 · leading case: Henry Pashby v. Albert Delia, 709 F.3d 307 (4th Cir. 2013).
Henry Pashby v. Albert Delia, 709 F.3d 307 (4th Cir. 2013). “services of a personal nature including assistance in eating, toileting, or dressing,” 28 C.F.R. § 35.135 , a state that decides to provide these services must do so “in the most integrated setting appropriate to the needs of qualified individuals with disabilities,” id.”
Nieves-Marquez v. Commonwealth of PR, 353 F.3d 108 (1st Cir. 2003). “” 28 C.F.R. § 35.135 . This rule does not appear to exclude the provision of sign language interpreters from the coverage of the ADA.”
Blatch Ex Rel. Clay v. Hernandez, 360 F. Supp. 2d 595 (S.D.N.Y. 2005). “28 C.F.R. § 35.135 (2005). The Justice Department’s official commentary to the regulations reiterates this latter limitation on the provision of services in aid of accommodation, stating that, although a public entity cannot place disproportionate burdens on the disabled, such…”
Prakel v. Indiana, 100 F. Supp. 3d 661 (S.D. Ind. 2015). “17 Defendants point out that the ADA does not require a public entity to provide to individuals with disabilities “personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or…”
Haddad v. Dudek, 784 F. Supp. 2d 1308 (M.D. Fla. 2011). “Defendants cite to regulation 28 C.F.R. § 35.135 , which states that the ADA “does not require a public entity to provide to individuals with disabilities .”
Brooklyn Ctr. for Indep. of the Disabled v. Bloomberg, 980 F. Supp. 2d 588 (S.D.N.Y. 2013). “” 28 C.F.R. § 35.135 . This regulation, however, is not universally applicable.”
Kruger v. Jenne, 164 F. Supp. 2d 1330 (S.D. Fla. 2000). “Jenne cites 28 C.F.R. § 35.135 , which states as follows, verbatim: This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually proscribed devices, such as prescription eyeglasses or hearing aids;…”
Haddad v. Arnold, 784 F. Supp. 2d 1284 (M.D. Fla. 2010). “Specifically, they rely on 28 C.F.R. § 35.135 which states that public entities are not required to provide “services of a personal nature including assistance in eating, toileting, or dressing.”
AP Ex Rel. Peterson v. Anoka-Hennepin Indep. Sch. Dist. No. 11, 538 F. Supp. 2d 1125 (D. Minnesota 2008). “” 28 C.F.R. § 35.135 . District 11 argues in its opening brief that a glucagon injection is a “service of a personal nature” that need not be provided under § 35.”
United States v. Gates-Chili Cent. Sch. Dist., 198 F. Supp. 3d 228 (W.D.N.Y. 2016). “In addition, the ADA Personal Devices And Services Regulation at 28 C.F.R. Section 35.135 requires this re.”
Gregory v. Admin. Off. of the Courts of New Jersey, 168 F. Supp. 2d 319 (D.N.J. 2001). “28 C.F.R. § 35.135 . Regarding communication with the disabled, public entities are required to “furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefit of, a service,…”
Jordan v. Greater Dayton Premier Mgmt., 9 F. Supp. 3d 847 (S.D. Ohio 2014). “” 28 C.F.R. § 35.135 . Relying on these regulations, GDPM draws a proverbial line in the sand concerning what types of documents must be provided in an accessible format to individuals with disabilities.”
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