28 CFR Part 35 · ADA Title II
Subpart B — General Requirements
The core nondiscrimination rules: the general prohibitions, plus specific rules on drug use, smoking, maintenance of accessible features, retaliation, personal devices, service animals, mobility devices, ticketing, and direct threat.
Sections in Subpart B (10)
- § 35.130 General prohibitions against discrimination
The core anti-discrimination provision prohibiting denial, unequal services, or segregation.
- § 35.131 Illegal use of drugs
Clarifies that Title II does not protect current illegal drug use but protects people in recovery.
- § 35.132 Smoking
Clarifies that Title II does not require permitting smoking in facilities or programs.
- § 35.133 Maintenance of accessible features
Requires that accessible features be kept in working order at all times.
- § 35.134 Retaliation or coercion
Prohibits retaliation against anyone who files an ADA complaint or asserts their rights.
- § 35.135 Personal devices and services
Clarifies that entities are not required to provide personal devices or personal assistance services.
- § 35.136 Service animals
Requires public entities to permit trained service animals in all areas open to the public.
- § 35.137 Mobility devices
Requires entities to permit wheelchairs and assess other mobility devices case-by-case.
- § 35.138 Ticketing
Requires accessible seating to be available on the same terms as general seating.
- § 35.139 Direct threat
Permits exclusion only when a significant risk of substantial harm cannot be reduced through reasonable modifications.
Does Subpart B apply to your entity?
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