---
kind: "section"
citation: "28 C.F.R. § 36.202"
title: "28"
number: "36.202"
heading: "Activities."
url: "https://uscodex.org/cfr/28/36.202"
---

# §36.202. Activities.

- (a) **Denial of participation.** A public accommodation shall not subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.
- (b) **Participation in unequal benefit.** A public accommodation shall not afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.
- (c) **Separate benefit.** A public accommodation shall not provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.
- (d) **Individual or class of individuals.** For purposes of [paragraphs (a) through (c)](#a..c) of this section, the term “individual or class of individuals” refers to the clients or customers of the public accommodation that enters into the contractual, licensing, or other arrangement.

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12186(b), 12205a.

### Source

Source: Order No. 1513-91, 56 FR 35592, July 26, 1991, unless otherwise noted.