28 C.F.R. § 36.213
Relationship of subpart B to subparts C and D of this part
Subpart B of this part sets forth the general principles of nondiscrimination applicable to all entities subject to this part. Subparts C and D of this part provide guidance on the application of the statute to specific situations. The specific provisions, including the limitations on those provisions, control over the general provisions in circumstances where both specific and general provisions apply.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1997–2021 · leading case: Indep. Living Resources v. Oregon Arena Corp., 982 F. Supp. 698 (D. Or. 1997).
Indep. Living Resources v. Oregon Arena Corp., 982 F. Supp. 698 (D. Or. 1997). “Some support for that position is found in 28 CFR § 36.213 as well as in the commentary that DOJ published on July 26,1991, to accompany the final Title III regulations.”
United States v. Nat'l Amusements, Inc., 180 F. Supp. 2d 251 (D. Mass. 2001). “28 C.F.R. § 36.213 . Applying this principle to the facts of this case, the Court concludes that the specific provisions of ADAAG control over the general provisions set forth in 28 C.”
The Nat'l Fed'n of the Blind, Inc. v. Wal-Mart Assocs., Inc. (D. Maryland 2021). “” 28 C.F.R. § 36.213 . Nevertheless, the guarantee of “full and equal enjoyment” under and the other generalized nondiscrimination provisions are required by the text of the ADA.”
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