U.S. Code » Title 42 » Chapter CHAPTER 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER II— PUBLIC SERVICES › Part Part A— Prohibition Against Discrimination and Other Generally Applicable Provisions

42 U.S.C. § 12132

Discrimination

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Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

Notes of Decisions
Cited in 4,626 cases (2,013 in the last 5 years), 1991–2026 · leading case: Nicole Haberle v. Daniel Troxell, 885 F.3d 170 (3rd Cir. 2018).
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Nicole Haberle v. Daniel Troxell, 885 F.3d 170 (3rd Cir. 2018). · cites it 20× “20 (quoting 42 U.S.C. § 12132 ).) A municipality’s failure to train its police is not actionable unless and until that failure leads directly to a denial of a needed accommodation or improper discrimination.”
Jill Babcock v. State of Mich., 812 F.3d 531 (6th Cir. 2016). · cites it 14× “Defendants maintain that no conduct violated Title II because Babcock’s complaint fails to name a public service, program, or activity from which she was excluded or denied benefits. Babcock responds that her exclusion from equal access to Cadillac Place is sufficient to violate…”
Olmstead v. L.C., 527 U.S. 581 (1999). · cites it 12× “337 , 42 U. S. C. § 12132 . Specifically, we confront the question whether the proscription of discrimination may require placement of persons with mental disabilities in community settings rather than in institutions.”
Henrietta D. v. Bloomberg, 331 F.3d 261 (2d Cir. 2003). · cites it 7× “” 42 U.S.C. § 12132 . Section 504 of the Rehabilitation Act similarly provides that “[n]o otherwise qualified individual with a disability in the United States .”
Frame v. City of Arlington, 657 F.3d 215 (5th Cir. 2011). · cites it 22× “Specifically, Title II, 42 U.S.C. § 12132 , provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to…”
Gohl Ex Rel. J.G. v. Livonia Pub. Schs. Sch. Dist., 836 F.3d 672 (6th Cir. 2016). · cites it 6× “” 42 U.S.C. § 12132 . Section 504 of the Rehabilitation Act provides that a qualified individual with a disability shall not, “solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any…”
Mary Jo C. v. New York State & Local Ret. Sys. et ano., 707 F.3d 144 (2d Cir. 2013). · cites it 8× “877 (quoting 42 U.S.C. § 12132 ). The statute “require[s] that covered entities make reasonable accommodations in order to provide qualified individuals with an equal opportunity to receive benefits from or to participate in programs run by such entities.”
Shotz v. City of Plantation, FL, 344 F.3d 1161 (11th Cir. 2003). · cites it 5× “§ 12112 (a) (“covered entity”); 42 U.S.C. § 12132 (“public entity”); 42 U.”
Frame v. City of Arlington, 575 F.3d 432 (5th Cir. 2009). · cites it 16× “Title II provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”
M.R. v. Dreyfus, 697 F.3d 706 (9th Cir. 2011). · cites it 7× “Plaintiffs argue principally that the regulation violates the antidiscrimination provisions of the Americans with Disabili- ties Act, 42 U.S.C. § 12132 , and the Rehabilitation Act, 29 U.”
Joe Houston v. Marod Supermarkets, Inc., 733 F.3d 1323 (11th Cir. 2013). · cites it 6× “42 U.S.C. § 12132 . The Tenth Circuit in Tandy observed that § 12132 of Title II includes language substantially similar to FHA § 804(d), which the Supreme Court analyzed in Havens Realty.”
Scot L. Zimmerman v. State of Oregon Dep't of Just., 170 F.3d 1169 (9th Cir. 1999). · cites it 10× “42 U.S.C. § 12132 . The term “public entity” means “any State or local government” or “any department, agency, special purpose district, or other instrumentality of a State or States or local government.”
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