Welcome to the final installment in the "Misconception Series" of posts about misconceptions surrounding the ADA. This post corresponds with a recent event--not too coincidental because this misconception occurs fairly frequently.
Regarding the ADA Titles II and III, it is believed by many that the titles are mutually exclusive, i.e., if Title II applies to us then Title III does not. Title II covers state and local programs and services; Title III covers public accommodations and commercial facilities. Specifically, under Title II a local government would be required to make a program accessible so, if a city held a city event in an inaccessible building, instead of making the building accessible it could just move the program to an accessible building. There is no need to engage in "readily achievable barrier removal" on an ongoing basis. (Note that state and local governments are obligated under several different statutes that require accessibility, including state law.) Under Title III, public accommodations (businesses) must make the facility accessible, engage in readily achievable barrier removal in certain structures.
A city holds a large city-sponsored event at a park that has an inaccessible shelter house, where many activities occur. This same resident then attends a birthday party at the shelter house that was rented by a city resident, and had to leave because the shelter house could not be accessed. The disabled resident complained, and the city's law director stated that they will not provide a ramp into the shelter house (a readily-achievable barrier removal) but, instead, will move the city event. What about the private birthday parties, other private events where the city rents the shelter to the public?
The law director mistakenly assumes that only Title II--move the city program to an accessible location--applies to the city. Because the city rents the shelter house to the public, Title III now applies and the city must engage in readily achievable barrier removal in the structure built in the 1950s. It is not sufficient to just move the city's programs. For this local government, both Title II and III apply.
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