42 U.S.C. § 12182 : US Code - Section 12182: Prohibition of discrimination by public accommodations

Search 42 U.S.C. § 12182 : US Code - Section 12182: Prohibition of discrimination by public accommodations

    (a) General rule
      No individual shall be discriminated against on the basis of
    disability in the full and equal enjoyment of the goods, services,
    facilities, privileges, advantages, or accommodations of any place
    of public accommodation by any person who owns, leases (or leases
    to), or operates a place of public accommodation.
    (b) Construction
      (1) General prohibition
        (A) Activities
          (i) Denial of participation
            It shall be discriminatory to 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 an
          entity.
          (ii) Participation in unequal benefit
            It shall be discriminatory to 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.
          (iii) Separate benefit
            It shall be discriminatory to 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.
          (iv) Individual or class of individuals
            For purposes of clauses (i) through (iii) of this
          subparagraph, the term "individual or class of individuals"
          refers to the clients or customers of the covered public
          accommodation that enters into the contractual, licensing or
          other arrangement.
        (B) Integrated settings
          Goods, services, facilities, privileges, advantages, and
        accommodations shall be afforded to an individual with a
        disability in the most integrated setting appropriate to the
        needs of the individual.
        (C) Opportunity to participate
          Notwithstanding the existence of separate or different
        programs or activities provided in accordance with this
        section, an individual with a disability shall not be denied
        the opportunity to participate in such programs or activities
        that are not separate or different.
        (D) Administrative methods
          An individual or entity shall not, directly or through
        contractual or other arrangements, utilize standards or
        criteria or methods of administration - 
            (i) that have the effect of discriminating on the basis of
          disability; or
            (ii) that perpetuate the discrimination of others who are
          subject to common administrative control.
        (E) Association
          It shall be discriminatory to exclude or otherwise deny equal
        goods, services, facilities, privileges, advantages,
        accommodations, or other opportunities to an individual or
        entity because of the known disability of an individual with
        whom the individual or entity is known to have a relationship
        or association.
      (2) Specific prohibitions
        (A) Discrimination
          For purposes of subsection (a) of this section,
        discrimination includes - 
            (i) the imposition or application of eligibility criteria
          that screen out or tend to screen out an individual with a
          disability or any class of individuals with disabilities from
          fully and equally enjoying any goods, services, facilities,
          privileges, advantages, or accommodations, unless such
          criteria can be shown to be necessary for the provision of
          the goods, services, facilities, privileges, advantages, or
          accommodations being offered;
            (ii) a failure to make reasonable modifications 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 modifications would fundamentally alter the nature of
          such goods, services, facilities, privileges, advantages, or
          accommodations;
            (iii) a failure to take such steps as may be necessary to
          ensure that no individual with a disability is excluded,
          denied services, segregated or otherwise treated differently
          than other individuals because of the absence of auxiliary
          aids and services, unless the entity can demonstrate that
          taking such steps would fundamentally alter the nature of the
          good, service, facility, privilege, advantage, or
          accommodation being offered or would result in an undue
          burden;
            (iv) a failure to remove architectural barriers, and
          communication barriers that are structural in nature, in
          existing facilities, and transportation barriers in existing
          vehicles and rail passenger cars used by an establishment for
          transporting individuals (not including barriers that can
          only be removed through the retrofitting of vehicles or rail
          passenger cars by the installation of a hydraulic or other
          lift), where such removal is readily achievable; and
            (v) where an entity can demonstrate that the removal of a
          barrier under clause (iv) is not readily achievable, a
          failure to make such goods, services, facilities, privileges,
          advantages, or accommodations available through alternative
          methods if such methods are readily achievable.
        (B) Fixed route system
          (i) Accessibility
            It shall be considered discrimination for a private entity
          which operates a fixed route system and which is not subject
          to section 12184 of this title to purchase or lease a vehicle
          with a seating capacity in excess of 16 passengers (including
          the driver) for use on such system, for which a solicitation
          is made after the 30th day following the effective date of
          this subparagraph, that is not readily accessible to and
          usable by individuals with disabilities, including
          individuals who use wheelchairs.
          (ii) Equivalent service
            If a private entity which operates a fixed route system and
          which is not subject to section 12184 of this title purchases
          or leases a vehicle with a seating capacity of 16 passengers
          or less (including the driver) for use on such system after
          the effective date of this subparagraph that is not readily
          accessible to or usable by individuals with disabilities, it
          shall be considered discrimination for such entity to fail to
          operate such system so that, when viewed in its entirety,
          such system ensures a level of service to individuals with
          disabilities, including individuals who use wheelchairs,
          equivalent to the level of service provided to individuals
          without disabilities.
        (C) Demand responsive system
          For purposes of subsection (a) of this section,
        discrimination includes - 
            (i) a failure of a private entity which operates a demand
          responsive system and which is not subject to section 12184
          of this title to operate such system so that, when viewed in
          its entirety, such system ensures a level of service to
          individuals with disabilities, including individuals who use
          wheelchairs, equivalent to the level of service provided to
          individuals without disabilities; and
            (ii) the purchase or lease by such entity for use on such
          system of a vehicle with a seating capacity in excess of 16
          passengers (including the driver), for which solicitations
          are made after the 30th day following the effective date of
          this subparagraph, that is not readily accessible to and
          usable by individuals with disabilities (including
          individuals who use wheelchairs) unless such entity can
          demonstrate that such system, when viewed in its entirety,
          provides a level of service to individuals with disabilities
          equivalent to that provided to individuals without
          disabilities.
        (D) Over-the-road buses
          (i) Limitation on applicability
            Subparagraphs (B) and (C) do not apply to over-the-road
          buses.
          (ii) Accessibility requirements
            For purposes of subsection (a) of this section,
          discrimination includes (I) the purchase or lease of an over-
          the-road bus which does not comply with the regulations
          issued under section 12186(a)(2) of this title by a private
          entity which provides transportation of individuals and which
          is not primarily engaged in the business of transporting
          people, and (II) any other failure of such entity to comply
          with such regulations.
      (3) Specific construction
        Nothing in this subchapter shall require an entity to permit an
      individual to participate in or benefit from the goods, services,
      facilities, privileges, advantages and accommodations of such
      entity where such individual poses a direct threat to the health
      or safety of others. The term "direct threat" means a significant
      risk to the health or safety of others that cannot be eliminated
      by a modification of policies, practices, or procedures or by the
      provision of auxiliary aids or services.