Italicized text was added to the original Title III Technical
Assistance
Manual through supplements issued in 1993 and 1994.
Regulatory references: 28 CFR 36.102-36.104.
Title III is intended to provide protection to individuals with disabilities that is at least as great as that provided under title V of the Rehabilitation Act. Title V includes such provisions as section 504, which covers all the operations of Federal Executive agencies and programs receiving Federal financial assistance. Title III may not be interpreted to provide a lesser degree of protection to individuals with disabilities than is provided under section 504.
ILLUSTRATION: A restaurant
has
constructed a new facility that is subject to both local building code
accessibility requirements and the requirements of the ADA. With
respect to
some building features, the local code contains more stringent
technical
requirements than the ADA; with respect to others, the ADA has the
stronger
standard. Each building element should comply with the requirement
(local or
ADA) that provides the greatest degree of accessibility.