“The ADA provides for equality of opportunity, but does not guarantee equality of
results. The foundation of many of the specific requirements in the Department’s
regulations is the principle that individuals with disabilities must be provided an equally
effective opportunity to participate in or benefit from a public entity’s aids, benefits, and
services.”
--DOJ Title II Technical Assistance Manual
28 CFR Part 35
NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL
GOVERNMENT SERVICES
Subpart A-General
§35.101 Purpose
The purpose of this part is to effectuate subtitle A of title II of the Americans with
Disabilities Act of 1990 (42 USC 12131), which prohibits discrimination on the basis of
disability by public entities.[...]
§35.102 Application
(a) [T]his part applies to all services, programs, and activities provided or made available
by public entities.[...]
35.104§ Definitions [...]
Facility means all or any portion of buildings, structures, sites, complexes, equipment,
rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real
or personal property, including the site where the building, property, structures, or
equipment is located.[...]
Public entity means --
(1) Any State or local government;
(2) Any department, agency, special purpose district, or other instrumentality of a State or
States or local government; and
(3) The National Railroad Passenger Corporation, and any commuter authority (as
defined in section 103(8) of the Rail Passenger Service Act).