The following excerpt is from Forziano v. Indep. Grp. Home Living Program, Inc., No. 14-1147-cv(L), No. 14-2217-cv(CON) (2nd Cir. 2015):
cannot have discriminated against plaintiffs on the basis of their disability because that disability is an eligibility requirement for participation in those services in the first place. See Doe v. Pfrommer, 148 F.3d 73, 82 (2d Cir. 1998).
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