Northwest Arkansas Apartment Complex Parking Lots Icy
State Court Ruling At Odds With Federal Disability Law
Posted: December 12, 2013 at 5 a.m.
Getting around can be difficult for Dennis Brady, a Vietnam veteran with a history of back and neck injuries. The inch of ice encasing much of the parking lot of his north Fayetteville apartment complex since last week certainly hasn’t helped.
What it Says
Section 12182, Americans With Disabilities Act
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”
Discrimination includes “a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations.”
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