Is a court required to modify its policies whenever requested to accommodate individuals with disabilities?
A court must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program or activity. An example of an inappropriate eligibility criterion would be an automatic exemption from jury service for individuals with hearing or visual disabilities. A public entity must reasonably modify its policies, practices or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification. For example, where a local zoning ordinance requires a setback of 12 feet from the curb in the central business district and a courthouse requires a variance to encroach on the setback by three feet to install a ramp to the front entrance, granting the variance may be
A court must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program or activity. An example of an inappropriate eligibility criterion would be an automatic exemption from jury service for individuals with hearing or visual disabilities. A public entity must reasonably modify its policies, practices or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification. For example, where a local zoning ordinance requires a setback of 12 feet from the curb in the central business district and a courthouse requires a variance to encroach on the setback by three feet to install a ramp to the front entrance, granting the variance may be
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