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services, facilities, privileges, advantages, or accommodations
of any place of public accommodation by any person who owns,
leases (or leases to), or operates a place of public
accommodation.” 42 U.S.C. sec. 12182(a). Relevant for our
purposes, Title III specifically defines discrimination to
include a failure to take necessary steps to ensure that no
individual with a disability is denied services because of the
absence of auxiliary aids and services. 42 U.S.C.
sec. 12182(b)(2)(A)(iii). The term “auxiliary aids and services”
includes:
(A) qualified interpreters or other effective methods
of making aurally delivered materials available to
individuals with hearing impairments;
(B) qualified readers, taped texts, or other effective
methods of making visually delivered materials
available to individuals with visual impairments;
(C) acquisition or modification of equipment or
devices; and
(D) other similar services and actions.
42 U.S.C. sec. 12102(1).
The preamble to the final regulations implementing the ADA
states that the auxiliary aid requirement is a flexible one. 28
C.F.R. sec. 36.303, Appendix B (2000). “A public accommodation
can choose among various alternatives as long as the result is
effective communication.” Id. The final regulations
implementing the ADA include examples of auxiliary aids and
services required to be furnished to ensure effective
communication. 28 C.F.R. sec. 36.303(b). With respect to
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Last modified: May 25, 2011