In addition to any other payments made under this part, the Secretary of Health and Human Services shall pay the protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) of each State to ensure full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places. In providing such services, protection and advocacy systems shall have the same general authorities as they are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
In addition to any other amounts authorized to be appropriated under this part, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2003, 2004, 2005, and 2006, and for each subsequent fiscal year such sums as may be necessary, for the purpose of making payments under section 21061(a) of this title; except that none of the funds provided by this subsection shall be used to initiate or otherwise participate in any litigation related to election-related disability access, notwithstanding the general authorities that the protection and advocacy systems are otherwise afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
Vanity Fair is an English novel by William Makepeace Thackeray, which follows the lives of Becky Sharp and Amelia Sedley amid their friends and families during and after the Napoleonic Wars. It was first published as a 19-volume monthly serial (the last containing Parts 19 and 20) from 1847 to 1848, carrying the subtitle Pen and Pencil Sketches of English Society, which reflects both its satirisation of early 19th-century British society and the many illustrations drawn by Thackeray to accompany the text. It was published as a single volume in 1848 with the subtitle A Novel without a Hero, reflecting Thackeray's interest in deconstructing his era's conventions regarding literary heroism. It is sometimes considered the "principal founder" of the Victorian domestic novel.
Vanity Fair was the first work that Thackeray published under his own name and was extremely well received at the time. After the conclusion of its serial publication, it was printed as a bound volume by Bradbury & Evans in 1848 and was quickly picked up by other London printers as well. As a collected work, the novels bore the subtitle A Novel without a Hero.[d] By the end of 1859, royalties on Vanity Fair had only given Thackeray about 2000, a third of his take from The Virginians, but was responsible for his still more lucrative lecture tours in Britain and the United States.[e]
The serials had been subtitled Pen and Pencil Sketches of English Society and both they and the early bound versions featured Thackeray's own illustrations. These sometimes provided symbolically-freighted images, such as one of the female characters being portrayed as a man-eating mermaid. In at least one case, a major plot point is provided through an image and its caption. Although the text makes it clear that other characters suspect Becky Sharp to have murdered her second husband, there is nothing definitive in the text itself. However, an image reveals her overhearing Jos pleading with Dobbin while clutching a small white object in her hand. The caption that this is Becky's second appearance in the character of Clytemnestra clarifies that she did indeed murder him for the insurance money, likely through laudanum or another poison.
The subtitle, A Novel without a Hero, is apt because the characters are all flawed to a greater or lesser degree; even the most sympathetic have weaknesses, for example Captain Dobbin, who is prone to vanity and melancholy. The human weaknesses Thackeray illustrates are mostly to do with greed, idleness, and snobbery, and the scheming, deceit and hypocrisy which mask them. None of the characters are wholly evil, although Becky's manipulative, amoral tendencies make her come pretty close. However, even Becky, who is amoral and cunning, is thrown on her own resources by poverty and its stigma. (She is the orphaned daughter of a poor artist and an opera dancer.) Thackeray's tendency to highlight faults in all of his characters displays his desire for a greater level of realism in his fiction compared to the rather unlikely or idealised people in many contemporary novels.
On July 26, 1990, President George H.W. Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability.1 The ADA broadly protects the rights of individuals with disabilities in employment, access to State and local government services, places of public accommodation, transportation, and other important areas of American life. The ADA also requires newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities. 42 U.S.C. 12101 et seq. Section 204(a) of the ADA directs the Attorney General to issue regulations implementing part A of title II but exempts matters within the scope of the authority of the Secretary of Transportation under section 223, 229, or 244. See 42 U.S.C. 12134. Section 229(a) and section 244 of the ADA direct the Secretary of Transportation to issue regulations implementing part B of title II, except for section 223. See 42 U.S.C 12149; 42 U.S.C. 12164. Title II, which this rule addresses, applies to State and local government entities, and, in subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. Title II extends the prohibition on discrimination established by section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, to all activities of State and local governments regardless of whether these entities receive Federal financial assistance. 42 U.S.C. 12131B65.
The Department recognizes that DOT has its own independent regulatory responsibilities under subtitle B of title II of the ADA. To the extent that the public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA, they are subject to the DOT regulations at 49 CFR parts 37 and 39. Matters covered by subtitle A are covered by this rule. However, this rule should not be read to prohibit DOT from elaborating on the provisions of this rule in its own ADA rules in the specific regulatory contexts for which it is responsible, after appropriate consultation with the Department. For example, DOT may issue such specific provisions with respect to the use of non-traditional mobility devices, e.g., Segways, on any transportation vehicle subject to subtitle B. While DOT may establish transportation-specific requirements that are more stringent or expansive than those set forth in this rule, any such requirements cannot reduce the protections and requirements set forth in this rule.
(b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA, they are not subject to the requirements of this part.
Section 35.101 states the purpose of the rule, which is to effectuate subtitle A of title II of the Americans with Disabilities Act of 1990 (the Act), which prohibits discrimination on the basis of disability by public entities. This part does not, however, apply to matters within the scope of the authority of the Secretary of Transportation under subtitle B of title II of the Act.
Public entities who choose to follow ADAAG, however, are not entitled to the elevator exemption contained in title III of the Act and implemented in the title III regulation at 36.401(d) for new construction and 36.404 for alterations. Section 303(b) of title III states that, with some exceptions, elevators are not required in facilities that are less than three stories or have less than 3000 square feet per story. The section 504 standard, UFAS, contains no such exemption. Section 501 of the ADA makes clear that nothing in the Act may be construed to apply a lesser standard to public entities than the standards applied under section 504. Because permitting the elevator exemption would clearly result in application of a lesser standard than that applied under section 504, paragraph (c) states that the elevator exemption does not apply when public entities choose to follow ADAAG. Thus, a two-story courthouse, whether built according to UFAS or ADAAG, must be constructed with an elevator. It should be noted that Congress did not include an elevator exemption for public transit facilities covered by subtitle B of title II, which covers public transportation provided by public entities, providing further evidence that Congress intended that public buildings have elevators.
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