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.