A. No individual may be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce. For purposes of this subsection, "discriminated against" includes:
1. The imposition or application by an entity described in this subsection of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless these criteria can be shown to be necessary for the provision of the services being offered.
2. The failure of the entity to:
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A. No individual may be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce. For purposes of this subsection, "discriminated against" includes:
1. The imposition or application by an entity described in this subsection of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless these criteria can be shown to be necessary for the provision of the services being offered.
2. The failure of the entity to:
(a) Make reasonable modifications consistent with those required under section 41-1492.02.
(b) Provide auxiliary aids and services consistent with the requirements of section 41-1492.02.
(c) Remove barriers consistent with the requirements of section 41-1492.02 and with the requirements of section 41-1492.03.
3. The purchase or lease by the entity of a new vehicle, other than an automobile, a van with a seating capacity of fewer than eight passengers, including the driver, or an over-the-road bus that is to be used to provide specified public transportation and for which a solicitation is made after August 26, 1991 that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, except that the new vehicle need not be readily accessible to and usable by these individuals if the new vehicle is to be used solely in a demand responsive system and if the entity can demonstrate that this system, if viewed in its entirety, provides a level of service to these individuals equivalent to the level of service provided to the general public.
4. The purchase or lease by the entity of an over-the-road bus that does not comply with section 306(a)(2) of the Americans with disabilities act and any other failure of the entity to comply with section 306(a)(2) of the Americans with disabilities act.
5. The purchase or lease by the entity of a new van with a seating capacity of fewer than eight passengers, including the driver, that is to be used to provide specified public transportation and that is not readily accessible to or usable by individuals with disabilities, including individuals who use wheelchairs, except that the van need not be readily accessible to and usable by these individuals if the entity can demonstrate that the system for which the van is being purchased or leased, if viewed in its entirety, provides a level of service to these individuals equivalent to the level of service provided to the general public.
6. The purchase or lease by the entity of a new rail passenger car that is to be used to provide specified public transportation, and for which a solicitation is made later than August 26, 1991, and that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
7. The remanufacture by the entity of a rail passenger car that is to be used to provide specified public transportation in order to extend its usable life for ten years or more, or the purchase or lease by the entity of such a rail car, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
B. To the extent that compliance with subsection A, paragraph 2, subdivision (c) or subsection A, paragraph 7 of this section would significantly alter the historic or antiquated character of an historical or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result in a violation of any regulation, standard or order issued by the secretary of transportation under the federal railroad safety act of 1970, such compliance is not required. As used in this subsection, "historical or antiquated rail passenger car" means a rail passenger car:
1. That is at least thirty years old at the time of its use for transporting individuals.
2. The manufacturer of which is no longer in the business of manufacturing rail passenger cars.
3. That has a consequential association with events or persons significant to the past and that embodies, or is being restored to embody, the distinctive characteristics of a type of rail passenger car used in the past or to represent a time period that has passed.