or in Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 which et seq., activity” served as the model for Title II, to ] all of the operations of a covered entity. 29 “mean[ ” See U.S.C. § 794(b). Because Congress directed that Title II should not construed to apply a “be lesser standard than the standards applied Section 504, 42 U.S.C. § 12201(a), the phrase under” programs, or carries a similarly broad meaning under the ADA. See “services, activities” 524 U.S. 624, 631–32 (1998). The statute further protects individuals with Bragdon v. Abbott, disabilities from being to 42 U.S.C. § 12132, which can occur during “subjected discrimination,” any aspect of an interaction with a public entity. The statute therefore extends to all individual’s law enforcement operations, including arrests. The legislative history confirms that Congress contemplated that Title II would apply to law enforcement operations generally, and to arrests in particular. The House Report specified that Title antidiscrimination mandate would ] . . . to actions of state and local all II’s “extend[ H.R. Rep. No. 101-485 (II), at 84 (1990) (emphasis added). The Report further governments.” singled out arrests as an example of an activity where treatment based on “discriminatory disability can be avoided by proper Pt. 3, at 50. In addition, legislators emphasized Id. training.” that Title II would address discrimination in law enforcement, including the arrest of individuals with disabilities. 136 Cong. Rec. 11,461 (1990) times, deaf persons who are See, e.g., (“Many arrested are put in handcuffs. But many deaf persons use their hands to communicate. . . . [T]hese mistakes . . . constitute at E1913, E1916 (daily ed. June 13, 1990) id. discrimination.”); who have epilepsy are sometimes inappropriately arrested because police officers (“[P]ersons have not received proper training to recognize seizures and to respond to Congress thus them.”). expected and intended Title II to cover all law enforcement operations in accordance with the plain text. statute’s
or activity” in Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., which served as the model for Title II, to “mean[ ] all of the operations of ” a covered entity. See 29 U.S.C. § 794(b). Because Congress directed that Title II should not “be construed to apply a lesser standard than the standards applied under” Section 504, 42 U.S.C. § 12201(a), the phrase “services, programs, or activities” carries a similarly broad meaning under the ADA. See Bragdon v. Abbott, 524 U.S. 624, 631–32 (1998). The statute further protects individuals with disabilities from being “subjected to discrimination,” 42 U.S.C. § 12132, which can occur during any aspect of an individual’s interaction with a public entity. The statute therefore extends to all law enforcement operations, including arrests. The legislative history confirms that Congress contemplated that Title II would apply to law enforcement operations generally, and to arrests in particular. The House Report specified that Title II’s antidiscrimination mandate would “extend[ ] . . . to all actions of state and local governments.” H.R. Rep. No. 101-485 (II), at 84 (1990) (emphasis added). The Report further singled out arrests as an example of an activity where “discriminatory treatment based on disability can be avoided by proper training.” Id. Pt. 3, at 50. In addition, legislators emphasized that Title II would address discrimination in law enforcement, including the arrest of individuals with disabilities. See, e.g., 136 Cong. Rec. 11,461 (1990) (“Many times, deaf persons who are arrested are put in handcuffs. But many deaf persons use their hands to communicate. . . . [T]hese mistakes . . . constitute discrimination.”); id. at E1913, E1916 (daily ed. June 13, 1990) (“[P]ersons who have epilepsy are sometimes inappropriately arrested because police officers have not received proper training to recognize seizures and to respond to them.”). Congress thus expected and intended Title II to cover all law enforcement operations in accordance with the statute’s plain text.
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