June 2021 - 29

vided or made available by public
entities, " the federal district court
acknowledged the expressed statutory language in the ADA does
not define " services, programs,
or activities. " On the other hand,
the court noted that federal courts
have broadly construed " programs,
services, or activities " of a public
entity to also include " all discrimination by a public entity, regardless
of the context. "
In this case, Perez claimed " F.V.
was excluded from participating in
the after-school rowing program
because LCRA recommended a
separate program with a special
needs coach to be with F.V. in a
segregated class. " In so doing, Perez argued the City was liable for

	

discrimination under Title II of the
ADA because the after-school rowing program was a service provided
by the City. Perez based this claim
on testimony of the city manager
who had indicated the City paid for
electric, sewage, landscaping, security and maintenance of the boathouse. Moreover, the boathouse
reflected one of Lake County's
priorities to increase tourism in the
county.
In the opinion of the federal
district court, Perez had failed to
" demonstrate how the City's responsibility for those expenses and
the county's interest in increasing
tourism supports the conclusion
that the after-school program at
issue is a program offered by the

City. " While the City retained responsibility for the maintenance
of the exterior of the boathouse,
structural issues and utilities under
the Management Agreement with
LCRA, the court noted testimony
indicating LCRA remained solely
responsible for " managing, directing, operating, and coordinating
the daily activities " at the boathouse and paid the City to use it:
One of the founders and former
president of LCRA, testified that
LCRA, not the City, offers the
rowing programs and that LCRA
only utilizes the City's boathouse
to facilitate its programs. She further testified that the intent of the
Management Agreement between
the City and LCRA is to memo-

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June 2021

Table of Contents for the Digital Edition of June 2021

June 2021 - 1
June 2021 - Cover1
June 2021 - Cover2
June 2021 - 1
June 2021 - 2
June 2021 - 3
June 2021 - 4
June 2021 - 5
June 2021 - 6
June 2021 - 7
June 2021 - 8
June 2021 - 9
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June 2021 - Cover3
June 2021 - Cover4
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2021
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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