Title II of the Americans with Disabilities Act (ADA) provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefit of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”1 A “public agency” is defined as “any department, agency, special purpose district, or other instrumentality of a State or States or local government.”2 Similarly, section 504 of the Rehabilitation Act states that “no otherwise qualified individual with a disability?shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”3 It has been determined that claims brought under these statutes will be analyzed together4and the case law interpreting each statute is applicable to both.5 Title II makes all activities of state and local governments subject to the same prohibitions against discrimination established by the Rehabilitation Act.6
Title II of the ADA applies to law enforcement agencies regardless of whether they receive federal grants or other federal funds because law enforcement agencies are deemed to be programs of state or local governments. The ADA affects the core activities of law enforcement departments including, but not limited to the following: receiving citizen complaints; interrogating witnesses; arresting, booking, and holding suspects; operating telephone (911) emergency centers; providing emergency medical services; and enforcing laws.7 Nothing in Title II, its regulations, or its legislative history suggests that any police activities are excluded from Title II coverage.8
