Edward R. Arevalo - Page 20

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          individuals with disabilities, unless the entity can demonstrate            
          that making such modifications would fundamentally alter the                
          nature of such goods, services, facilities, privileges,                     
          advantages, or accommodations.  42 U.S.C. sec.                              
          12182(b)(2)(A)(ii).  Additionally, the ADA requires persons who             
          own, lease, lease to, or operate places of public accommodation             
          to take such steps as may be necessary to ensure that no                    
          individual with a disability is excluded, denied services,                  
          segregated, or otherwise treated differently from other                     
          individuals because of the absence of auxiliary aids and                    
          services, unless the entity can demonstrate that making such                
          modifications would fundamentally alter the nature of such goods,           
          services, facilities, privileges, advantages, or accommodations.            
          42 U.S.C. sec. 12182(b)(2)(A)(iii).                                         
               To summarize, any person who owns, leases, leases to, or               
          operates a public accommodation is required to make modifications           
          for disabled individuals in order to comply with the requirements           
          set forth in ADA title III.  While ADA title III does not define            
          the terms “own”, “lease”, “lease to”, or “operate”, we must                 
          construe those terms in accord with their ordinary and natural              
          meaning.  See, e.g., Smith v. United States, 508 U.S. 223, 228              
          (1993); Neff v. Am. Dairy Queen Corp., 58 F.3d 1063, 1066 (5th              
          Cir. 1995) (construing the term “operate”, as used in ADA title             
          III, as follows:  “To ‘operate,’ in the context of a business               






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