Public Entities: Direct Threat

The direct threat defense under Title III for public accommodations is also available to public entities under Title II. The appendix to the DOJ's Title II regulations notes that under Title II, as under Title III, a public entity "is not required to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of the [entity] if that individual poses a direct threat to the health or safety of others." 28 C.F.R. Part 35, App. A at 436 (1992).

Case Law:

Doe v. Woodford County Bd. of Ed., 213 F.3d 921 (6th Cir. 2000).

A disabled person may not be "otherwise qualified", and thus may be excluded from participation in a program, if his or her participation is a direct threat to the health and safety of others.