(a)(1) A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.
(2) For purposes of this section, “companion” means a family member, friend, or associate of an individual seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate person with whom the public entity should communicate.
(b)(1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities, including applicants, participants, companions, and members of the public, an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity.
(2) The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.
(c)(1) A public entity shall not require an individual with a disability to bring another individual to interpret for him or her.
(2) A public entity shall not rely on an adult accompanying an individual with a disability to interpret or facilitate communication except—
(i) In an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available; or
(ii) Where the individual with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances.
(3) A public entity shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available.
(d) Video remote interpreting (VRI) services. A public entity that chooses to provide qualified interpreters via VRI services shall ensure that it provides—
(1) Real-time, full-motion video and audio over a dedicated high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication;
(2) A sharply delineated image that is large enough to display the interpreter's face, arms, hands, and fingers, and the participating individual's face, arms, hands, and fingers, regardless of his or her body position;
(3) A clear, audible transmission of voices; and
(4) Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI.
[Order No. 1512-91, 56 FR 35716, July 26, 1991, as amended by AG Order No. 3180-2010, 75 FR 56183, Sept. 15, 2010]
Notes of Decisions
Cited in
215
cases (
89 in the last 5 years), 1993–2026 · leading case:
Tucker v. Tennessee, 539 F.3d 526 (6th Cir. 2008).
Tucker v. Tennessee, 539 F.3d 526 (6th Cir. 2008).
· cites it 16× “A); see also 28 C.F.R. § 35.160 (b)(2) ("In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.”
In the Interest of: D.A.B. & B.M.S., 570 S.W.3d 606 (Mo. Ct. App. 2019).
· cites it 21× “2007) and Nondiscrimination on the Basis of Disability in State and Local Government Services, 28 C.F.R. § 35.160 , a federal regulation promulgated under Title II of the Americans With Disabilities Act (the “ADA”), 42 U.”
David Updike v. Multnomah Cnty., 870 F.3d 939 (9th Cir. 2017).
· cites it 4× “These regulations, squarely on point here, provide: , (b) (1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities, including applicants, participants, companions, and members of the public, an equal…”
Brown v. Dep't of Pub. Saf. & Corr. Servs., 383 F. Supp. 3d 519 (D. Maryland 2019).
· cites it 4× “" 28 C.F.R. § 35.160 (a)(1). In pursuit of this objective, public entities must "furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities .”
State v. Piddington, 2001 WI 24 (Wis. 2001).
· cites it 6× “See 28 C.F.R. § 35.160 (2000). ADA regulations state that public entities "shall take appropriate steps to ensure that communications with .”
Douglas Duane Bahl v. City of St. Paul, 695 F.3d 778 (8th Cir. 2012).
· cites it 5× “3d at 858 and 28 C.F.R. § 35.160 (a)(1)). “Depending on the circumstances, this may require the use of ‘auxiliary aids and services,’ such as interpreters for the hearing impaired.”
Eduardo Burkhart v. Washington Metro. Area Transit Auth., 112 F.3d 1207 (D.C. Cir. 1997).
· cites it 3× “28 C.F.R. § 35.160 (1996). The Secretary of Transportation’s ADA regulations require that public transportation providers “ensure that personnel are trained to proficiency, as appropriate to their duties, so that they .”
K.M. Ex Rel. Bright v. Tustin Unified Sch. Dist., 725 F.3d 1088 (9th Cir. 2013).
· cites it 3× “See 28 C.F.R. § 35.160 (2010). 2 The Title II effective communications regulation states two requirements: First, public entities must “take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as…”
Steven M. Bircoll v. Miami-Dade Cnty., 480 F.3d 1072 (11th Cir. 2007).
· cites it 2× “” 28 C.F.R. § 35.160 (a). These steps include furnishing “appropriate auxiliary aids and services” to afford a disabled individual equal opportunity to participate in an activity of the public entity, as follows: A public entity shall furnish appropriate auxiliary aids and…”
Robertson v. Las Animas Cnty. Sheriff's Dep't, 500 F.3d 1185 (10th Cir. 2007).
· cites it 2× “28 C.F.R. § 35.160 . The only limitation on these duties is that a public entity is not required “to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.”
— 28 C.F.R. § 35.160(a) — 1 case
— 28 C.F.R. § 35.160(a)(1) — 2 cases
— 28 C.F.R. § 35.160(b)(1) — 1 case
— 28 C.F.R. § 35.160(b)(2) — 5 cases
— 28 C.F.R. § 35.160(c)(2)(ii) — 1 case
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