(a) Denial of participation. A public accommodation shall not subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.
(b) Participation in unequal benefit. A public accommodation shall not afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.
(c) Separate benefit. A public accommodation shall not provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.
(d) Individual or class of individuals. For purposes of paragraphs (a) through (c) of this section, the term “individual or class of individuals” refers to the clients or customers of the public accommodation that enters into the contractual, licensing, or other arrangement.
Notes of Decisions
Indep. Living Resources v. Oregon Arena Corp., 982 F. Supp. 698 (D. Or. 1997).
· cites it 2× “See 28 CFR § 36.202 (b) (public accommodation must afford persons with disabilities an equal opportunity to benefit from the goods, services, or facilities).”
United States v. Nat'l Amusements, Inc., 180 F. Supp. 2d 251 (D. Mass. 2001).
· cites it 3× “to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation,” 28 C.F.R. § 36.202 (a); accord 42 U.S.C. § 12182 (b)(l)(A)(i); (3) affording individuals on the basis of a disability “with the…”
Carparts Distrib. Ctr., Inc. v. Auto. Wholesaler's Ass'n of New England, Inc., 37 F.3d 12 (1st Cir. 1994).
“§ 12182 (b); 28 C.F.R. § 36.202 . The district court interpreted the term “public accommodation” as “being limited to actual physical structures with definite physical boundaries which a person physically enters for the purpose of utilizing the facilities or obtaining services…”
Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 (E.D. Pa. 2014).
· cites it 2× “The plaintiff also cites to 28 C.F.R. § 36.202 , which mirrors the language in 42 U.”
John Doe & Richard Smith v. Mut. of Omaha Ins. Co., 179 F.3d 557 (7th Cir. 1999).
“1993); 28 C.F.R. § 36.202 . To come closer to home, a dentist cannot refuse to fill a cavity of a person with AIDS unless he demonstrates a direct threat to safety or health, Bragdon v.”
Doe v. Deer Mountain Day Camp, Inc., 682 F. Supp. 2d 324 (S.D.N.Y. 2010).
“Accord 28 C.F.R. § 36.202 (a). in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such…”
Richard Martin v. Halifax Healthcare Sys., Inc., 621 F. App'x 594 (11th Cir. 2015).
“See also 28 C.F.R. § 36.202 (b) (requiring public accommodations to provide an “equal” opportunity for the hearing impaired to participate in and benefit from services).”
Doukas v. Metro. Life Ins., 950 F. Supp. 422 (D.N.H. 1996).
“§ 12182 (b); 28 C.F.R. § 36.202 . a. Application of Title III to Insurance Policies A private insurance office is considered a “public accommodation” under Title III provided that its operations affect commerce.”
Davis v. Flexman, 109 F. Supp. 2d 776 (S.D. Ohio 1999).
“Similarly, in Count III, she contends the Defendants’ failure to promulgate such policies and procedures violates ADA regulations, specifically 28 C.F.R. § 36.202 . Title III of the ADA prohibits discrimination against individuals with a disability in their receipt of services…”
Sharrow v. Bailey, 910 F. Supp. 187 (M.D. Penn. 1995).
“See also: 28 C.F.R. § 36.202 (a) and (b). Contrary to defendant’s argument, Sharrow is not required to show that he holds a position of authority with the hospital to establish that he owns or operates a “public accommodation.”
Indep. Living Resources v. Oregon Arena Corp., 1 F. Supp. 2d 1159 (D. Or. 1998).
“…privileges, advantages, or accommodations that are available from that public accommodation. 42 U.S.C. § 12182 ; 28 CFR §§ 36.202 (b), 36.201(a). The ticket sale and infilling policies utilized at the Rose Garden effectively preclude wheelchair users from obtaining the…”
— 28 C.F.R. § 36.202(a) — 1 case
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