ADA Enforcement Page archive. Part Down Syndrome is a physical and mental impairment that substantially limits one or more major life activities. Accordingly, Complainant has a disability within the meaning of 42 U.
Title III of the ADA prohibits public accommodations from discriminating against individuals on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, and accommodations.
Ensuring that sales establishments do not discriminate against persons with disabilities is an issue of general public importance. Under Title III, a public accommodation shall not subject an individual or class of individuals on the basis of a disability directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.
Under Title III, a public accommodation shall afford an individual or class of individuals, on the basis of their disability, with the opportunity to participate in a good or service that is equal to that afforded to other individuals. Under Title III, a public accommodation shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages or accommodations being offered.
While public accommodations may impose legitimate safety requirements that are necessary for safe operation, those safety requirements must be based on actual risks and not on mere stereotypes, or generalizations about individuals with disabilities.
