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Old 04-21-2012, 7:33 AM
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JoeLowPro JoeLowPro is offline
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Default Disabilities and Discrimination

I'm no lawyer, I'm hoping one will comment here, but here is some pertinent supporting facts.

Title II of the Americans with Disabilities Act "requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings)." Furthermore, Title II states, "Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided. "

In addition Section 504 of the Rehabilitation Act states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

The California Department of Justice and Department of Fish and Game are Executive agencies. Many designated target ranges and hunting grounds are also state run and Federally funded.

The State of California receives Federal assistance for hunters through the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669-669i; 50 Stat. 917) of September 2, 1937... commonly called the "Pittman-Robertson Act.", which provides Federal aid to States for management and restoration of wildlife.

"Funds from an 11 percent excise tax on sporting arms and ammunition [Internal Revenue Code of 1954, sec. 4161(b)] are appropriated to the Secretary of the Interior and apportioned to States on a formula basis for paying up to 75 percent of the cost approved projects. Project activities include acquisition and improvement of wildlife habitat, introduction of wildlife into suitable habitat, research into wildlife problems, surveys and inventories of wildlife problems, acquisition and development of access facilities for public use, and hunter education programs, including construction and operation of public target ranges."
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