Cite as: 541 U. S. 509 (2004)
Syllabus
abilities. A Civil Rights Commission report before Congress showed
that some 76% of public services and programs housed in state-owned
buildings were inaccessible to and unusable by such persons. Congress
also heard testimony from those persons describing the physical inaccessibility of local courthouses. And its appointed task force heard numerous examples of their exclusion from state judicial services and programs, including failure to make courtrooms accessible to witnesses
with physical disabilities. The sheer volume of such evidence far exceeds the record in last Term's Nevada Dept. of Human Resources v.
Hibbs, 538 U. S. 721, 728-733, in which the Court approved the familycare leave provision of the Family and Medical Leave Act of 1993 as
valid § 5 legislation. Congress' finding in the ADA that "discrimination
against individuals with disabilities persists in such critical areas as...
access to public services," § 12101(a)(3), together with the extensive record of disability discrimination that underlies it, makes clear that inadequate provision of public services and access to public facilities was an
appropriate subject for prophylactic legislation. Pp. 522-529.
(2) Title II is an appropriate response to this history and pattern
of unequal treatment. Unquestionably, it is valid § 5 legislation as it
applies to the class of cases implicating the accessibility of judicial services. Congress' chosen remedy for the pattern of exclusion and discrimination at issue, Title II's requirement of program accessibility, is congruent and proportional to its object of enforcing the right of access to
the courts. The long history of unequal treatment of disabled persons
in the administration of judicial services has persisted despite several
state and federal legislative efforts to remedy the problem. Faced with
considerable evidence of the shortcomings of these previous efforts,
Congress was justified in concluding that the difficult and intractable
problem of disability discrimination warranted added prophylactic measures. Hibbs, 538 U. S., at 737. The remedy Congress chose is nevertheless a limited one. Recognizing that failure to accommodate persons
with disabilities will often have the same practical effect as outright
exclusion, Congress required the States to take reasonable measures to
remove architectural and other barriers to accessibility. § 12132. But
Title II does not require States to employ any and all means to make
judicial services accessible or to compromise essential eligibility criteria
for public programs. It requires only "reasonable modifications" that
would not fundamentally alter the nature of the service provided, and
only when the individual seeking modification is otherwise eligible for
the service. Ibid. Title II's implementing regulations make clear that
the reasonable modification requirement can be satisfied in various
ways, including less costly measures than structural changes. This
duty to accommodate is perfectly consistent with the well-established
due process principle that, within the limits of practicability, a State