United States of America v. Humboldt County, California - Settlement Agreement

A. GENERAL NONDISCRIMINATION REQUIREMENTS

11. Humboldt County will not discriminate against individuals with a disability, and will not, based on disability:

    1. Deny the benefits of its programs, services, and activities.  28 C.F.R. § 35.130(b)(1).

    2. provide an unequal, different, or separate opportunity to participate in its programs, services, and activities.  28 C.F.R. § 35.130(b)(1), (3).

    3. Limit the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others.  28 C.F.R. § 35.130(b)(1)(vii).

    4. Determine the site or location of a facility that has the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination or that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program, service, or activity with respect to individuals with disabilities.  28 C.F.R. § 35.130(b)(4).

12. Humboldt County agrees that it will comply with the ADA and the Title II regulation by:

    1. Administering its programs services, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.  28 C.F.R. § 35.130(d).

    2. Operating each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities.  28 C.F.R. §§ 35.149-.150.

    3. Ensuring that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with the Title II regulation and the applicable accessibility standards.  28 C.F.R. § 35.151.

    4. Ensuring that communications with people with disabilities, including applicants, participants, and members of the public, are as effective as communications with others, including furnishing auxiliary aids and services when necessary.  28 C.F.R. § 35.160.