Title
III of the ADA requires that facilities,
goods and services of places of public
accommodation be accessible to individuals
with disabilities.
Reasonable
Modifications:
Businesses must make reasonable changes
in policies, practices and procedures
to ensure full accessibility to members
of the public with disabilities.
Auxiliary
Aids: When
necessary businesses must furnish
auxiliary aids or services to individuals
with disabilities to ensure equal
participation or benefit, unless to
do so would result in an undue financial
or administrative burden on the business
or fundamentally alter the manner
in which service is provided.
Integrate
Setting: A
place of public accommodation must
provide goods or services to persons
with disabilities in the most integrated
setting. An individual with a disability
must not be separated or segregated
because of his or her disability.
Eligibility Criteria.
A place
of public accommodation may not apply
eligibility criteria that screens
out or tends to screen out persons
with disabilities, except when the
criteria are proven necessary to provide
the goods or services being offered.
Barrier
Removal: Architectural,
structural and communication barriers
in existing facilities must be removed
if such barrier removal is readily
achievable without much difficulty
or expense. Readily Achievable Alternative
Measures. If barriers cannot be removed
the service or benefit must be provided
in an alternative method or format
if readily achievable.
New
Construction: All
new construction in public accommodations
and commercial facilities must be
accessible to persons with disabilities,
which is regulated by the ADA Accessibility
Guidelines (ADAAG), Architectural
Alterations.
Like
new construction, the altering of
existing facilities must be in compliance
with ADAAG requirements. During new
construction or an alteration primary
function areas must be accessible.
The ADAAG requires an accessible path
of travel to the altered area, bathrooms,
telephones and drinking fountains
serving that area, unless such added
accessibility costs are disproportionate
to the overall alteration costs.
Equivalent
Transportation:
Commercial facilities and places of
public accommodation offering transportation
as part of their service must provide
equivalent transportation service
that is accessible to individuals
with disabilities.
Protected
Persons:
ADA protection from discrimination
by commercial facilities and places
of public accommodation is extended
to individuals with disabilities and
persons or entities who associate
with or have a relationship with a
person with a disability Remedies.
Enforcement
of discrimination: claims
against commercial facilities or places
of public accommodation is obtained
by individuals with disabilities filing
private lawsuits or by filing a charge
of discrimination with the U.S. Department
of Justice or the Arizona Civil Rights
Division of the Arizona Attorney General's
Office.
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