WAC 162-26-090     Arranged service.

     (1) Unfair to deny. No person shall be denied the enjoyment of a place of public accommodation because the facilities are not accessible to the person and cannot be made accessible with reasonable accommodation, when the desired service can be made available under the standards for arranged service that are specified in this section.

     (2) Defined. "Arranged service" means making the services or goods of a place of public accommodation available to a person with a disability or a person with a disability using a trained dog guide or service animal at a place or in a way that is different from the place or way that the service is offered to the public in general, in order to serve the person.

     (3) Limitation on use. Arranged service is fair only when neither same service nor reasonable accommodation is possible, and the choice is between arranged service and no service.

     (4) Choice of means of arranged service. The operator of a place of public accommodation may choose the place and means of providing arranged service so long as the operator gives reasonable weight to the convenience, needs, and dignity of the person with a disability or a person with a disability using a trained dog guide or service animal seeking service. Among available means or places, the one that most closely approximates service to the general public should be chosen. There is no need for the operator to deliver the services away from the place of public accommodation if the services can be made available somewhere at the place of public accommodation.

     (5) Examples.

          (a) In a retail setting, goods can be carried from an inaccessible location to an accessible location, as described in WAC 162-26-060(3).

          (b) In an office setting, interviewers and forms could be brought to an accessible office or conference room in the building or at another place, although the particular business would ordinarily be done at an inaccessible location.

          (c) In an office setting, arrange to interview a person with a mental disability in place of requiring a written application or report.

          (d) In an entertainment setting, seating areas made available for patrons in wheelchairs would be arranged service.

          (e) In a hospital setting, during surgery, a person with a disability might be asked to leave their trained dog guide or service animal outside the operating room while the person with the disability is individually assisted by hospital staff through the surgical procedure.

[Statutory Authority: RCW 49.60.120(3) and 1997 c 271. 98-08-035, 162-26-090, filed 3/23/98, effective 4/23/98. Statutory Authority: RCW 49.60.120(3). 82-19-086 (Order 41), 162-26-090, filed 9/22/82.]