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Pages 35-37

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From page 35...
... § 12147(a) .513 First, the court noted that neither Title II of the ADA nor Section 504 of the Rehabilitation Act included an express statute of limitations; the court borrowed Pennsylvania's 2-year statute of limitations for personal injury claims.514 Second, the court held that "it is only when renovations are completed that individuals with disabilities will be excluded from accessing and using such facilities while others will not.
From page 36...
... that plaintiffs are unlikely to sue under ADA Title III." Id.
From page 37...
... ublic and private entities providing transportation services shall maintain in operative condition those features of facilities and vehicles that are required to make the vehicles and facilities readily accessible to and usable by individuals with disabilities."534 D Administrative Action and Enforcement The USDOT does not authorize any administrative enforcement authority under Title III of the ADA,535 the public accommodations title of the Act.536 However, public537 and private entities,538 regardless of whether they receive federal financial assistance, are subject to enforcement action as provided under the Justice Department's regulations539 implementing Title III540 of the ADA.541 The USDOT forwards any complaints of regulatory violations caused by private entities to the Justice Department.542 The Justice Department has issued regulations under Title III543 regarding its enforcement responsibility for Title III matters.544 As provided in § 12188 of Title III, "[t]


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