§ 39.11 PROHIBITED PRACTICES.
   (A)   The city shall seek to ensure compliance with the Act, and no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the city, or be subjected to discrimination by the city, directly or through contractual, licensing, or other arrangements.
   (B)   For purposes of this subchapter, 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)   The city shall not, directly or through contractual or other arrangements, utilize criteria or methods of administration that have the effect of subjecting qualified people with disabilities to discrimination on the basis of disability, or 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.
   (D)   In determining the site or location of a facility, the city and its contractors shall not make selections that 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 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.
   (E)   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.
(Ord. 2005-22, passed 8-9-05)