§ 5-6-3. PROHIBITED PRACTICES.

(A)

The City in providing any aid, benefit, or service shall not, directly or through contractual, licensing, or other arrangements, on the basis of disability:

(1)

deny a qualified person with disabilities the opportunity to participate in or benefit from the aid, benefit, or service;

(2)

afford a qualified person with disabilities an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;

(3)

provide a qualified person with disabilities with an aid, benefit, or service that is not as effective as that provided to others;

(4)

provide different or separate aid, benefits, or services to people with disabilities or to any class of people with disabilities unless such action is necessary to provide qualified people with disabilities with aid, benefits, or services that are as effective as those provided to others;

(5)

aid or perpetuate discrimination against a qualified person with disabilities by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the City's programs;

(6)

deny a qualified person with disabilities the opportunity to participate as a member of planning or advisory boards and commissions; or

(7)

otherwise limit a qualified person with disabilities in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service.

(B)

For purposes of this chapter, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for people with disabilities and nondisabled persons, but must afford people with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person's needs.

(C)

Despite the existence of separate or different programs or activities, the City shall not deny a qualified person with disabilities the opportunity to participate in such programs or activities that are not separate or different.

(D)

The City shall not, directly or through contractual or other arrangements, utilize criteria or methods of administration that:

(1)

have the effect of subjecting qualified people with disabilities to discrimination on the basis of disability; or

(2)

have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the City's program with respect to people with disabilities.

(E)

In determining the site or location of a facility, the City and its contractors shall not make selections that:

(1)

have the effect of excluding people with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity; or

(2)

have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to people with disabilities.

(F)

The aid, benefit, or service provided under a program or activity receiving or benefiting from City financial assistance includes any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered, leased or rented, or otherwise acquired, in whole or in part, with City funds.

Source: 1992 Code Section 7-6-3; Ord. 031106-12; Ord. 031211-11.