(a) This part does not require a public accommodation to alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individuals with disabilities.
(b) A public accommodation shall order accessible or special goods at the request of an individual with disabilities, if, in the normal course of its operation, it makes special orders on request for unstocked goods, and if the accessible or special goods can be obtained from a supplier with whom the public accommodation customarily does business.
(c) Examples of accessible or special goods include items such as Brailled versions of books, books on audio cassettes, closed-captioned video tapes, special sizes or lines of clothing, and special foods to meet particular dietary needs.
Notes of Decisions
Paul McGann v. Cinemark USA Inc, 873 F.3d 218 (3rd Cir. 2017).
· cites it 6× “5 Several of these cases cited to the DOJ regulation,- 28 C.F.R. § 36.307 (a), which provides the same general rule: a public accommodation is not required to “alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individuals…”
John Karczewski v. Dch Mission Valley LLC, 862 F.3d 1006 (9th Cir. 2017).
· cites it 3× “The district court dismissed the claim, holding that it was foreclosed by 28 C.F.R. § 36.307 (a), which states that “[t]his part does not require a public.”
Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68 (2d Cir. 2022).
“” 28 C.F.R. § 36.307 (a); id. pt. 36, app. C (“The purpose of the 3 ADA’s public accommodations requirements is to ensure accessibility to the 4 goods offered by a public accommodation, not to alter the nature or mix of goods 5 that the public accommodation has typically…”
Anderson v. Macy's, Inc., 943 F. Supp. 2d 531 (W.D. Pa. 2013).
· cites it 2× “§ 12182(b)(2)(A)(ii). In other words, disabled individuals must be given access to the same goods, services, and privileges that others enjoy.”
State Ex Rel. Goddard v. Harkins Amusement Enter., Inc., 603 F.3d 666 (9th Cir. 2010).
“The first, 28 C.F.R. § 36.307 (a), provides, “This part does not require a public accommodation to alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individuals with disabilities.”
Ball v. AMC Ent., Inc., 246 F. Supp. 2d 17 (D.D.C. 2003).
· cites it 4× “” 28 C.F.R. § 36.307 (1992). Defendants claim that § 36.”
Webster Bank v. Oakley, 830 A.2d 139 (Conn. 2003).
“” 28 C.F.R. § 36.307 (a). “The common sense of the statute is that the content of the goods or services offered by a place of public accommodation is not regulated.”
John Doe & Richard Smith v. Mut. of Omaha Ins. Co., 179 F.3d 557 (7th Cir. 1999).
“1998); 28 C.F.R. § 36.307 . But it is *560 apparent as a matter of interpretation rather than compelled by a simple reading which would place the present case on the other side of the line; and so the case cannot be resolved by reference simply to the language of section 302(a).”
Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104 (9th Cir. 2000).
“See 28 C.F.R. § 36.307 (a) (“This part does not require a public accommodation to alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individuals with disabilities.”
— 28 C.F.R. § 36.307(a) — 1 case
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