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 Pt. 3, at 50. In addition, legislators emphasized Id. proper training.” that Title II would address discrimination in law enforcement, including the arrest of individuals with disabilities. 136 Cong. Rec. 11,461 (1990) deaf persons who are See, e.g., (“Many times, 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 The administrative implementation of Title II also demonstrates that Title II of the ADA applies to arrests. The Department of Justice has construed Title II to to anything a “appl[y] public entity 28 C.F.R. Pt. 35, App. B; governmental activities of public see id. does.” (“All entities are In particular, the Department oversees the implementation of Title II with covered.”). respect to programs, services, and regulatory activities relating to law 28 “[a]ll enforcement.” C.F.R. § 35.190(b)(6). And the Department has further stated that general regulatory “[t]he obligation to modify policies, practices, or procedures requires law enforcement to make changes in policies that result in discriminatory arrests or abuse of individuals with 56 Fed. disabilities.” Reg. 35,703 (July 26, 1991). Consistent with this interpretation, the Department has repeatedly issued guidance to assist law enforcement entities in complying with the ADA, including in the context of arrests. For example, the Title II Technical Assistance Manual states that municipal Department’s “[a]
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. The administrative implementation of Title II also demonstrates that Title II of the ADA applies to arrests. The Department of Justice has construed Title II to “appl[y] to anything a public entity does.” 28 C.F.R. Pt. 35, App. B; see id. (“All governmental activities of public entities are covered.”). In particular, the Department oversees the implementation of Title II with respect to “[a]ll programs, services, and regulatory activities relating to law enforcement.” 28 C.F.R. § 35.190(b)(6). And the Department has further stated that “[t]he general regulatory obligation to modify policies, practices, or procedures requires law enforcement to make changes in policies that result in discriminatory arrests or abuse of individuals with disabilities.” 56 Fed. Reg. 35,703 (July 26, 1991). Consistent with this interpretation, the Department has repeatedly issued guidance to assist law enforcement entities in complying with the ADA, including in the context of arrests. For example, the Department’s Title II Technical Assistance Manual states that “[a] municipal
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