2019-12-04 P & R Packet - Laserfiche WebLink

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RELEVANT LINKS: C. Exceptions Cities must make reasonable modifications unless the city can demonstrate that: • Making the modification would fundamentally alter the nature of the service, program or activity. • Allowing an individual with a disability to participate would pose a direct threat to the health or safety of others. • Undue financial and administrative burden. However, cities must take any other action available that would insure that individuals with disabilities receive the same benefits or services. D. Common concerns 1. Structural changes Existing facilities are not required to have structural changes to comply with all provisions of the ADA if there are other methods in effect for achieving accessibility. However, structural changes made to new or existing facilities must be compliant with the ADA. 2. Direct threat When denying an accommodation request on the basis that allowing an individual with a disability to participate would pose a direct threat to the health or safety of others, cities must consider specific factors. Cities must conduct an individualized assessment, based on reasonable judgment that relies on current medical knowledge or the best available objective evidence, to determine the: • Nature, duration, and severity of the risk. • Probability that the potential injury will actually occur. • Whether reasonable modifications will mitigate the risk. 3. Service animals Cities must modify their policies, practices, or procedures to allow service animals for individuals with disabilities. City staff should not ask an individual the nature or extent of their disabilities because an animal is present. Rather, a city may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. Cities cannot require additional documentation and it is a best practice not to inquire when it is readily apparent that an animal is trained to assist an individual with a disability. League of Minnesota Cities Information Memo: 10/14/2019 Parks and Recreation Loss Control Guide Page 27