Public Trusts and Title II of the ADA
Has anyone researched the applicability of the Title II of the ADA to public trusts? I've quoted the pertinent provisions below. Right now, I presume that services and programs of a public trust are covered.
(Title 28 CFR, Chapter 1)
§ 35.102 Application.
(a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities.
§ 35.104 Definitions.
Public entity means -
(1) Any State or local government;
(2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
(3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
At Oklahoma City we have interpreted it to apply to public trusts. For example, one of our public trusts leases and operates all the public golf courses. We believe that Title II is applicable to the services and programs provided at the golf courses and in fact, we've had extensive discussions about the allowance of certain mobility devices, such as Segways, on our courses. Amy Douglas
From: Teresa Nowlin tnowlin@jenksok.org
Sent: Wednesday, June 29, 2022 8:32 AM
To: oama@lists.imla.org
Subject: [Oama] Public Trusts and Title II of the ADA
Has anyone researched the applicability of the Title II of the ADA to public trusts? I've quoted the pertinent provisions below. Right now, I presume that services and programs of a public trust are covered.
(Title 28 CFR, Chapter 1)
§ 35.102 Application.
(a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities.
§ 35.104 Definitions.
Public entity means -
(1) Any State or local government;
(2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
(3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
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I have not researched it, but I am convinced it applies to municipal beneficiary public trusts. Public trusts are covered by the GTCA, Open Meetings, and Open Records. I also think "agency ..., or other instrumentality of ... local government" is pretty clear. See e.g., State ex rel. Williamson v. Garrison, 348 P.2d 859 (Okla. 1959) (public trust is agency of its beneficiary).
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
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From: Teresa Nowlin tnowlin@jenksok.org
Sent: Wednesday, June 29, 2022 8:32 AM
To: oama@lists.imla.org
Subject: [Oama] Public Trusts and Title II of the ADA
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Has anyone researched the applicability of the Title II of the ADA to public trusts? I've quoted the pertinent provisions below. Right now, I presume that services and programs of a public trust are covered.
(Title 28 CFR, Chapter 1)
§ 35.102 Application.
(a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities.
§ 35.104 Definitions.
Public entity means -
(1) Any State or local government;
(2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
(3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office