28 CFR Part 35 · Subpart D — Program Accessibility
§ 35.149 Discrimination prohibited
Last updated June 11, 2026
What 28 CFR §35.149 requires of state and local governments.
In Plain Language
No qualified individual with a disability may be excluded from or denied the benefits of a public entity's services, programs, or activities on the basis of disability. This section is the foundational prohibition for Subpart D, which addresses the physical and programmatic accessibility of government services. It applies regardless of whether a facility was built before or after the ADA.
This summary is not official legal text. For authoritative guidance, consult the official regulatory text and Department of Justice guidance at ada.gov.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.149
Verbatim from 28 CFR Part 35, current through June 9, 2026.
Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
What § 35.149 Means in Practice
- This is the umbrella rule for program accessibility: no qualified person with a disability may be excluded because facilities are inaccessible or unusable
- It applies to services, programs, and activities, not just buildings
- The detailed rules for how to comply live in §35.150 (existing facilities) and §35.151 (new construction and alterations)
- Program access is about the program as a whole, which gives entities flexibility in how they deliver access
Common Questions
Our building is old and not physically accessible. Are we still required to provide accessible services?
Yes. You must provide program access, which may mean relocating services, providing home visits, using accessible alternate facilities, or delivering services online.
Does program accessibility require us to make every part of every building accessible?
No. The requirement is that each program or activity be accessible when viewed in its entirety, not that every square foot of every facility be accessible.
Does § 35.149 apply to your entity?
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