More on Title II

Title II covers state and local governments, called “public entities” in the ADA and its implementing regulations. Title II covers everything public entities do, including their employment practices.

Public entities offer a broad array of other programs, services, and activities, ranging from fun to fundamental, and encompassing everything from the provision of a swimming class to the construction and maintenance of city sidewalks.

Programs of public entities are often covered by other laws in addition to the ADA. For example, some state and local governments provide residential housing programs, particularly for individuals with disabilities, elders, or people with low income. These programs may be subject to the requirements of the Fair Housing Act; additionally, they often receive federal funds, so they are covered by Section 504 of the Rehabilitation Act.

Title II prohibits discrimination, which could include intentional denial of participation or the establishment of discriminatory criteria that unnecessarily restrict participation by individuals with disabilities.

Discrimination could also include failure to reasonably modify policies or practices to allow individuals to gain access and participate in programs and services. Reasonable modifications might include a variety of things, such as making exceptions to no-pets policies to admit individuals with disabilities who use service animals.

Covered entities must also provide “auxiliary aids and services” when necessary to ensure that communication is as effective with people with hearing and vision disabilities as it is with others. Auxiliary aids and services include things like writing notes, using assistive listening devices, or providing interpreter services to people who are deaf or hard of hearing, or reading materials aloud or providing them in accessible formats, such as Braille or large print, for people who are blind or have low vision.

Title II also establishes specific requirements related to architectural accessibility. Newly constructed or altered buildings must meet minimum accessibility standards.

Additionally, public entities must take measures to ensure that programs offered in existing structures are available to individuals with disabilities in a way that is as integrated as possible. Such measures might include structural improvements to existing buildings, or non-structural methods like relocating programs to alternate facilities.