public accommodation from services or facilities, except when providing “separate” benefits, doing so is to provide equally effective services. Id. § 12182(b)(1)(A)(iii). “necessary” Additionally, public accommodations must to that persons with affirmatively “take steps ensure” disabilities are not or from non-disabled individuals “segregated otherwise treated differently” due to absence of auxiliary aids and Id. § 12182(b)(2)(A)(iii). “the services”. The U.S. Department of Justice Has Interpreted the Integration Regulation to Apply to All Segregated Services, Programs and Activities, Including Non-Residential Programs______________ in enacting the ADA make clear that the ADA was intended to Congress’ findings remedy and reverse all types of segregation facing persons with disabilities, not just in where they lived. For example, Congress found that society has tended to isolate and “historically, segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social 42 U.S.C. § 12101(a)(2). Congress further found that with disabilities problem.” “individuals continually encounter various forms of discrimination, including segregation[] and relegation … to lesser services, programs, activities, benefits, jobs, or other opportunities Id. § …” 12101(a)(5) (emphasis added). The Department of Justice has long interpreted the integration regulation to apply to all programs, services and activities of public entities. For example, the 1993 Department’s Technical Assistance Manual for Title II states that of the ADA is the equal “[a] primary goal participation of individuals with disabilities in the of American ‘mainstream’ society,” meaning that with disabilities must be integrated to the maximum extent and “[i]ndividuals appropriate” be excluded from the regular program, or required to accept special services or “cannot benefits” unless necessary to afford them equal opportunity. ADA Title II Technical Assistance Manual §
public accommodation from providing “separate” benefits, services or facilities, except when doing so is “necessary” to provide equally effective services. Id. § 12182(b)(1)(A)(iii). Additionally, public accommodations must affirmatively “take steps to ensure” that persons with disabilities are not “segregated or otherwise treated differently” from non-disabled individuals due to “the absence of auxiliary aids and services”. Id. § 12182(b)(2)(A)(iii). The U.S. Department of Justice Has Interpreted the Integration Regulation to Apply to All Segregated Services, Programs and Activities, Including Non-Residential Programs______________ Congress’ findings in enacting the ADA make clear that the ADA was intended to remedy and reverse all types of segregation facing persons with disabilities, not just in where they lived. For example, Congress found that “historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem.” 42 U.S.C. § 12101(a)(2). Congress further found that “individuals with disabilities continually encounter various forms of discrimination, including … segregation[] and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities …” Id. § 12101(a)(5) (emphasis added). The Department of Justice has long interpreted the integration regulation to apply to all programs, services and activities of public entities. For example, the Department’s 1993 Technical Assistance Manual for Title II states that “[a] primary goal of the ADA is the equal participation of individuals with disabilities in the ‘mainstream’ of American society,” meaning that “[i]ndividuals with disabilities must be integrated to the maximum extent appropriate” and “cannot be excluded from the regular program, or required to accept special services or benefits” unless necessary to afford them equal opportunity. ADA Title II Technical Assistance Manual §