28 CFR § 35.139 - Direct threat.

---
identifier: "/us/cfr/t28/s35.139"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 35.139 - Direct threat."
title_number: 28
title_name: "Judicial Administration"
section_number: "35.139"
section_name: "Direct threat."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "35"
part_name: "NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 12131, and 12205a."
regulatory_source: "Order No. 1512-91, 56 FR 35716, July 26, 1991, unless otherwise noted."
cfr_part: "35"
---


# 35.139 Direct threat.

(a) This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity 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 entity 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.

[AG Order No. 3180-2010, 75 FR 56180, Sept. 15, 2010]