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Sections 36.203(c) (1) and (2) are based on section 501(d) of the
ADA. Section Sec. 501(d) was designed to clarify that nothing in the
ADA requires individuals with disabilities to accept special
accommodations and services for individuals with disabilities that may
segregate them:
The Committee added this section (501(d)) to clarify that nothing in
the ADA is intended to permit discriminatory treatment on the basis of
disability, even when such treatment is rendered under the guise of
providing an accommodation, service, aid or benefit to the individual
with disability. For example, a blind individual may choose not to avail
himself or herself of the right to go to the front of a line, even if a
particular public accommodation has chosen to offer such a modification
of a policy for blind individuals. Or, a blind individual may choose to
decline to participate in a special museum tour that allows persons to
touch sculptures in an exhibit and instead tour the exhibits at his or
her own pace with the museum's recorded tour.
(Code of Federal Regulations. Title 28, Volume 1. TITLE 28--JUDICIAL ADMINISTRATION. CHAPTER
I--DEPARTMENT OF JUSTICE. PART 36_NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC
ACCOMMODATIONS AND IN COMMERCIAL FACILITIES CITE: 28CFR36)
