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Does the ADA allow public accommodations to take safety factors into consideration in providing services to individuals with disabilities?

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Does the ADA allow public accommodations to take safety factors into consideration in providing services to individuals with disabilities?

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The ADA expressly provides that a public accommodation may exclude an individual if that individual poses a threat to the health or safety of others that cannot be mitigated by appropriate modifications in the public accommodations policies or procedures, or by the provision of auxiliary aids. A public accommodation will be permitted to establish objective safety criteria for the operation of its business; however, any safety standard must be based on objective requirements rather than stereotypes or generalizations about the ability of persons with disabilities to participate in an activity.

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The ADA provides that a public accommodation may exclude an individual, if that individual poses a direct threat to the health or safety of others that can’t be lessened with appropriate modifications in the public accommodation’s policies or procedures, or by using auxiliary aids. A public accommodation is allowed to establish objective safety criteria for the operation of its business. But any safety standard must be based on objective requirements, rather than stereotypes or generalizations about the ability of persons with disabilities to participate in an activity. Return to index . . .

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