28 CFR 36.208 : Judicial Administration (§ 0.1 To Parts 1101-1199) — (§ 0.1 To Appendix B To Subpart I Of Part 42) — Department Of Justice (§ 0.1 To Appendix B To Subpart I Of Part 42) — Nondiscrimination On The Basis Of Disability By Public Accommodations And In Commercial Facilities (§ 36.101 To Appendix D To Part 36) — General Requirements (§ 36.201 To §§ 36.214-36.299) — Direct threat.

(a) This part does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others.

(b) In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: The nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.