OAR 839-006-0335: Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Direct Threat to Health or Safety

(1) Notwithstanding other provisions of these rules, places of public accommodation may refuse to permit an individual with a disability to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of the public accommodation if the individual with a disability poses a direct threat to the health or safety of others. Direct threat means significant risk of substantial harm that cannot be eliminated or reduced below the level of significant risk of substantial harm by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services. (2) In determining whether an individual with a disability poses a direct threat to the health or safety of others, places of public accommodation must make an individualized assessment, based on reasonable judgment that relies on the most current medical knowledge, or on the best available objective evidence, to ascertain: (a) The duration of risk; (b) The nature and severity of potential harm; (c) The likelihood that potential harm will occur; (d) The imminence of potential harm; and (e) Whether reasonable modifications of policies, practices or procedures will mitigate the risk.