
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12182]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
 SUBCHAPTER III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE 
                                ENTITIES
 
Sec. 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.

(Pub. L. 101-336, title III, Sec. 302, July 26, 1990, 104 Stat. 355.)

                       References in Text

    For the effective date of this subparagraph, referred to in subsec. 
(b)(2)(B), (C)(ii), see section 310 of Pub. L. 101-336, set out as an 
Effective Date note under section 12181 of this title.


                             Effective Date

    Section effective 18 months after July 26, 1990, but with subsec. 
(a) of this section (for purposes of subsec. (b)(2)(B), (C) only) 
effective July 26, 1990, and with certain qualifications with respect to 
bringing of civil actions, see section 310 of Pub. L. 101-336, set out 
as a note under section 12181 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12183, 12184, 12186, 12188, 
12209 of this title; title 2 section 1331; title 3 section 421.
