(a) General. A public accommodation shall afford goods, services, facilities, privileges, advantages, and accommodations to an individual with a disability in the most integrated setting appropriate to the needs of the individual.
(b) Opportunity to participate. Notwithstanding the existence of separate or different programs or activities provided in accordance with this subpart, a public accommodation shall not deny an individual with a disability an opportunity to participate in such programs or activities that are not separate or different.
(c) Accommodations and services. (1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit available under this part that such individual chooses not to accept.
(2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual.
Notes of Decisions
United States v. AMC Ent., Inc., 232 F. Supp. 2d 1092 (C.D. Cal. 2002).
“28 C.F.R. § 36.203 (a). The regulations also provide guidelines on seating in assembly areas, which are separated according to whether a structure is an “existing facility” or “new construction”: a) Existing facilities.”
United States v. Nat'l Amusements, Inc., 180 F. Supp. 2d 251 (D. Mass. 2001).
“§ 12182 (b)(1)(B), or “an opportunity to participate in such programs or activities that are not separate or different,” 28 C.F.R. § 36.203 (b); accord 42 U.S.C. § 12182 (b)(1)(C).”
Montalvo v. Radcliffe, 167 F.3d 873 (4th Cir. 1999).
“While an ADA plaintiff is under no obligation to accept a proffered, otherwise reasonable modification, see 28 C.F.R. § 36.203 (c)(1) (“Nothing in this part shall be construed to require an individual with a disability to accept an accommodation .”
United States v. AMC Ent., Inc., 245 F. Supp. 2d 1094 (C.D. Cal. 2003).
“28 C.F.R. § 36.203 (a). As “new constructions”, eleven of the twelve theater complexes at issue here are subject to the ADA Accessibility Guidelines, or ADAAG.”
Strojnik v. State Bar of Arizona (D. Ariz. 2020).
“1 § 12203 and 28 C.F.R. § 36.203 []”; (2) civil conspiracy; aiding and abetting; tortious 2 interference with contractual relations; abuse of process; and intentional infliction of 3 emotional distress.”
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