Public Service in the United States
Americans with Disabilities Act: Public Services
Under Title II of the ADA, state and local governments must not exclude people with disabilities from government programs or activities nor deny the benefits of government programs, activities, and services to such people merely because of their disabilities. Title II applies to anything a public entity does, even activities that are carried out by private contractors. For example, a state government is obligated to ensure that a private hotel located in a state park complies with the requirements of Title II.
In general, public entities must provide their programs and services in the most integrated (inclusive) setting possible, unless separate or different measures are absolutely necessary to ensure equal opportunity for people with disabilities. To provide such an integrated setting, state and local governments are required to modify policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration in the program would result. For example, a city-sponsored quilting class held on the second floor of a building with no elevator might have to move to the ground floor to accommodate a person who uses a wheelchair. This change would not fundamentally alter the class. On the other hand, modifying a requirement that applicants for a driver’s license pass a vision test would be a fundamental alteration of the license program. A blind person who asserted that the vision test made the program inaccessible would be unlikely to prevail under the ADA.
When necessary to ensure effective communication with people with disabilities, public entities must furnish auxiliary aids and services, such as qualified sign language interpreters or materials in Braille (see Braille System). Title II also mandates the accessibility of public and private fixed-route transportation systems (boat, bus, or rail). (1)
In this Section: Americans with Disabilities Act, Americans with Disabilities Act Provisions, Americans with Disabilities Act: Employment, Americans with Disabilities Act: Public Services, Americans with Disabilities Act: Public Accommodation, Americans with Disabilities Act: Telecommunications, Americans with Disabilities Act History and Americans with Disabilities Act Supreme Court Decisions.
Public Service Commissions
A Public Service Commission (PSC) is a state agency that regulates utilities. To locate the regulations and publications of a particular state’s PSC, visit the PSC’s web site and/or see the entry for the individual state.
Debt rating agencies and other financial institutions rate the PSCs based on their friendliness to the state’s utilities. According to a post on the BusLib listserv by Charles Shellabarger on September 5, 2008, you may be able to find out the rating by (a) contacting the relevant agency or institution, or searching the relevant web site (b) looking up a regulated utility in ValueLine and see the bottom of the page and/or (c) using Regulatory Research Associates (part of SNL Financial).
Local Government Public Services
Topics include:
Airports
Airports Antitrust laws
Clean Air Act (electric generating stations)
Consumer rights
Privatization of Correctional facilities
Discretion and purpose in providing Public Services
Drains
Energy
Fire protection
Housing
Interlocal service provision arrangements
Local public enterprises
Airports noise regulation and liability
Police function
Potable water
Public housing
Sewers
Solid waste
Transportation and related facilities
Terms and conditions of public service in relation to Public Officers
Find out in this American legal Encyclopedia the information on Terms and conditions of public service (compensation, duties and powers, non-academic testing, Work conditions and rules, pension and benefit systems, personnel status determinations, powers and duties, reinstatement, seniority rights, work conditions and rules) in relation to Public Officers (and in the context of local government law).
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