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Of course, there is no obligation to include a D/LD/HOH person if such inclusion would present a tangible and immediate threat to others; however, this cannot be based on speculation or stereotypes but must have a foundation in fact.

More information can be found at the Department of Justice's ADA Home Page.

ADA Title II: State and Local Government Activities Title II requires state and local governments, regardless of the entity's size or receipt of federal funding, to provide an equal opportunity to the disabled to benefit from all of their programs, services, and activities (e.g.

Similar to Title II of the ADA, a place of public accommodation must provide services in an integrated setting.

A D/LD/HOH person cannot be excluded from taking part in any activity offered by a place of public accommodation; unless it is unreasonable or fundamentally changes the nature of the activity or service provided then whatever modifications are necessary to include a person with hearing loss must be made.

Please note: This document is not intended to replace qualified legal advice or to serve as basis for any attempted or actual legal action.

An attorney experienced with the Title II provisions of the Americans with Disabilities Act should always be consulted if you think there is a possibility you may have been discriminated against by any official or institution of state or local government.

Reasonable accommodations must be paid for by the place of public accommodation.

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