Governmental Services and Activities
ADA Title II

Title II of the ADA prohibits state and local governments from denying people with disabilities the opportunity to participate in the programs and activities that are offered.  Governments are required to remove architectural barriers to access at the buildings where public services and activities are provided, or offer the services or activities at a location that is accessible to people with disabilities.   Title II mandates that public transportation services are accessible as well.

Section 504 of the Rehabilitation Act of 1973 pre-dates both Title II and Title III, but it more often than not coincides with claims brought under Title II.  Under Section 504, discrimination against people on the basis of disabilities is prohibited by organizations or governmental agencies that receive federal funding or financial assistance from the federal government.  The same non-discrimination policies that apply under the ADA apply to those entities under Section 504.

The locations where governmental programs are offered must be integrated to accommodate the needs of individuals disabilities.  Title II also requires governments to provide auxiliary aids to overcome communication barriers, which can include providing sign language interpreters and closed captioning television monitors at town hall meetings. 

If it is determined that providing a specific accommodation will fundamentally alter the program offered or would create an undue burden upon the governmental entity, then compliance with Title II is not Required.  In those instances, the governmental entity must furnish notice to the individual, explaining the reasons for the inability to provide a reasonable accommodation. 

If you feel you have been discriminated against and your rights have been violated because of a disability under Title II and/or Section 504 of the Rehabilitation Act, you may e-mail us or telephone for a complimentary case evaluation.

Maxwell & Barke LLC
51 Monroe Place, Suite 806, Rockville, Maryland 20850
Telephone 301.309.8300   Telecopier 301.309.8303
Adjacent to Montgomery County Courthouse  |  Across from Rockville Metro Station