| 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; |
|
| 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; |
|
| 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 |
|
| 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; |
|
| | 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 acceptable, desired or | solicited, or that the clientele is restricted to any particular | race or color, sexual orientation, physical or mental disability, | religion, ancestry or national origin. The production of any | communication, notice or advertisement purporting to relate to | any place of accommodation is presumptive evidence in any action | that the action was authorized by its owner, manager or | proprietor; |
|
|