| | | afford the goods, services, facilities, privileges, | | advantages or accommodations to individuals with | | disabilities, unless, in the case of a private entity, the | | private entity can demonstrate that making the modifications | | would fundamentally alter the nature of the goods, services, | | facilities, privileges, advantages or accommodations; |
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| | | C. A failure to take steps that may be necessary to ensure | | that no individual with a disability is excluded, denied | | services, segregated or otherwise treated differently than | | other individuals because of the absence of auxiliary aids | | and services, unless, in the case of a private entity, the | | private entity can demonstrate that taking those steps would | | fundamentally alter the nature of the good, service, | | facility, privilege, advantage or accommodation being | | offered or would result in an undue burden; |
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| | | D. A private entity's failure to remove architectural | | barriers and communication barriers that are structural in | | nature in existing facilities and transportation barriers in | | existing vehicles and rail passenger cars used by an | | establishment for transporting individuals, not including | | barriers that can be removed only through the retrofitting | | of vehicles or rail passenger cars by the installation of a | | hydraulic or other lift, where the removal is readily | | achievable; |
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| | | When the entity can demonstrate that the removal of a | | barrier under this paragraph is not readily achievable, a | | failure to make the goods, services, facilities, privileges, | | advantages or accommodations available through alternative | | methods if alternative methods are readily achievable; and |
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| | | E. A qualified individual with a disability, by reason of | | that disability, being excluded from participation in or | | being denied the benefits of the services, programs or | | activities of a public entity, or being subjected to | | discrimination by any such entity; |
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| | | 2. Communication, notice or advertisement. For any person to | | directly or indirectly publish, display or communicate any notice | | or advertisement to the effect that any of the accommodations, | | advantages, facilities and privileges of any place of public | | accommodation are refused, withheld from or denied to any person | | on account of race or color, sex, sexual orientation, physical or | | mental disability, religion, ancestry or national origin, or that | | the patronage or custom of any person belonging to or purporting | | to be of any particular race or color, sex, sexual orientation, | | physical or mental disability, religion, ancestry or national | | origin is unwelcome, objectionable or not |
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