General Nondiscrimination
Equal Opportunity
Title II requires that people with disabilities have an equal opportunity to participate in public entities’ programs, services and activities in the most integrated manner appropriate.
Sometimes policies and practices are explicitly exclusionary.
Examples
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A school district does not permit students with Autism Spectrum Disorder to participate in field trips.
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county museum requires people who are blind to be accompanied by a companion.
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A public health clinic requires patients with mental illness to come for check-ups after all other patients have been seen, based on an assumption that these patients’ behavior will be disturbing to other patients.
And sometimes policies and practices appear neutral but have a discriminatory effect.
Examples
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A policy requiring a driver's license as proof of age for participation in a community college adult education program has the effect of discriminating against people who are unable to obtain a driver's license because of their disability. Other forms of proof must be accepted.
Equal treatment is a fundamental purpose of the ADA. People with disabilities must not be treated in a different or inferior manner.
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(a) No qualified individual with a disability shall, on the basis of disability, 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.
Contracting with Other Entities to Provide Programs, Services or Activities
The general nondiscrimination requirement and all of Title II apply whether a public entity provides the program, service or activity itself or is contracting with another entity to do so. This is particularly important because over the last 20 or so years many government services have been prioritized. In these cases the public entities must make sure the private business or organization they are contracting with uphold the same level of obligation as the public entity itself.
Examples
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A county mental health agency contracts with a private entity to run community-based services for people with mental illness. The state agency must ensure that the private entity does not discriminate against people with disabilities and complies with the agency’s Title II obligations.
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A state lottery contracts with convenience stores to sell state lottery tickets. The state lottery has an obligation to ensure that stores are accessible to people with disabilities, including people who use wheelchairs.
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(b) (1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability—
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