May a public accommodation require people with disabilities to meet certain standards of policies, especially safety standards?
A public accommodation must not use eligibility criteria or standards which screen out or tend to screen out people with disabilities unless it can be shown these criteria are necessary for the safe provision of these services. Safety considerations must be based in real, immediate threats of danger to others, not on stereotypical assumptions. In addition, a public accommodation must make reasonable modifications in policies, practices and procedures unless it would fundamentally alter the nature of the goods and services offered. Although pets are not allowed, service animals must be allowed in gardens or other public accommodations. A “no-touching” policy may be necessary for delicate art work or fragile plants even though people with visual impairments may be denied the full enjoyment of these objects.
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