28 CFR Part 35 · Subpart A — General
§ 35.101 Purpose and broad coverage
Last updated June 11, 2026
Establishes that Title II of the ADA prohibits discrimination against people with disabilities by state and local government entities.
In Plain Language
Title II of the ADA prohibits discrimination against people with disabilities by state and local government entities. This section establishes that the law applies broadly and that definitions of disability are interpreted in favor of coverage. It sets the foundation for all requirements that follow in 28 CFR Part 35.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.101
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) Purpose. The purpose of this part is to implement subtitle A of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131-12134), as amended by the ADA Amendments Act of 2008 (ADA Amendments Act) (Pub. L. 110-325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by public entities.
(b) Broad coverage. The primary purpose of the ADA Amendments Act is to make it easier for people with disabilities to obtain protection under the ADA. Consistent with the ADA Amendments Act's purpose of reinstating a broad scope of protection under the ADA, the definition of “disability” in this part shall be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA. The primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations and whether discrimination has occurred, not whether the individual meets the definition of “disability.” The question of whether an individual meets the definition of “disability” under this part should not demand extensive analysis.
[AG Order 3702-2016, 81 FR 53223, Aug. 11, 2016]
What § 35.101 Means in Practice
- Every state and local government entity, regardless of size, is covered by Title II
- The ADA's definition of disability is intentionally broad and must be interpreted generously
- Physical access, programmatic access, and now digital access are all covered
- This section is the legal foundation for every other requirement in Part 35
Common Questions
Does Title II apply to small towns and rural counties?
Yes. Unlike Title I (employment), Title II has no size threshold. Every public entity is covered regardless of population or budget.
What does "broad coverage" mean?
It means the law favors finding that someone is covered rather than excluding them. Courts are instructed to interpret disability definitions expansively.
Does § 35.101 apply to your entity?
You don’t need to fix everything today. You need to know what matters first. We’ll help you find it.
Prefer to talk it through? Call the Title II Line: (608) 960-8830