ยง35.164 Duties
This subpart does not require a public entity to take any action that it can demonstrate
would result in a fundamental alteration in the nature of a service, program, or activity or
in undue financial and administrative burdens. [...]
If an action required to comply with this subpart would result in such an alteration or
such burdens, a public entity shall take any other action that would not result in such an
alteration or such burdens but would nevertheless ensure that, to the maximum extent
possible, individuals with disabilities receive the benefits or services provided by the
public entity.
The National Organization on Disability recognized the town of Eagle Point, OR with a
community service award for the renovation of its downtown to improve access for
people with disabilities. Utility poles were moved, new sidewalks and sidewalk
connectors were constructed, curb ramps were added, and barriers to access to retail
facilities along the sidewalk have been removed.