dissenting.
The majority opinion errs in its application of the ADA to the facts of this case, applying the statute in a manner that essentially eviscerates the ADA’s purpose and renders the ADA impotent in its ability to provide recourse for disabled individuals, such as Helen Jones, who face a form of discrimination which Congress has explicitly prohibited. Accordingly, I respectfully dissent.
The majority correctly sets out the three elements of a prima facie case of discrimination under Title II of the ADA. A plaintiff must establish that she: (1) has a disability; (2) is otherwise qualified to benefit from the public program; and (3) is unable to do so as a result of her disability. Kaltenberger v. Ohio Coll. of Podiatric Med., 162 F.3d 432, 435 (6th Cir.1998). In my view, Jones has established her prima facie case, and Monroe is thus required to accommodate Jones’s disability by making “reasonable modifications” so long as these modifications would not “fundamentally alter the nature of the service, program or activity.” 28 C.F.R. § 35.130(b)(7).
Monroe does not dispute that Jones has a disability. Accordingly, in order to hold that Jones does not have a reasonable likelihood of success on the merits, we must find either: (1) that she was not otherwise qualified to benefit from the public service or program and thus does not meet the second element of the prima facie case; (2) that she is able to receive the bénefit despite her disability and thus does not meet the third element of the prima facie case; or (3) despite establishing a prima facie case, the modification Jones seeks would fundamentally alter the *482nature of the service or program provided by Monroe.
I. Facts
Jones works as a substance abuse counselor for deaf and hearing-impaired individuals. Her multiple sclerosis causes tremors in her arms and legs, and results in severe fatigue. She is not capable of walking long distances and therefore relies on a wheelchair. Jones’s wheelchair, however, is a manual model, and the exertion required to move long distances can also cause her significant fatigue. Jones is able to drive her car, but she is not able to get her wheelchair in and out of the car by herself. Thus, her practice has been to park in one of the parking spaces adjacent to her building and walk across the sidewalk to the building, where she has left her wheelchair at the door.
Jones’s symptoms become more pronounced as the day progresses. As her fatigue increases, she can lose the fine motor skills necessary to communicate with her deaf clients. In addition, Jones is unable to walk across an intersection in the time that it takes for the light to change, and is unable to stand, unassisted, on a sidewalk for more than five minutes. Jones’s treating physician has testified that Jones should avoid any unnecessary stress and exertion.
Monroe provides free day-long parking in several municipal lots throughout downtown. Other individuals employed in Jones’s office building are able to utilize this service to access their workplace. Within two blocks of Jones’s workplace are several municipal lots providing a total of 373 free spaces where individuals are able to park for the entire day. Of these 373 spaces, sixteen have been designated as handicapped spaces.
Monroe has limited parking to one hour at an additional 110 free parking spaces in the retail district, where Jones works. This time limitation is intended to allow for patron parking and to discourage employees from using these particularly convenient spaces. There are eleven such spaces adjacent to Jones’s building. The closest space is twenty-one feet from the entrance to her building; the farthest is sixty-five feet. The closest handicapped space in one of the free day-long lots provided by Monroe is 592 feet from the building — a distance far too great for Jones to manage.
The majority notes that the record contains evidence of an alternative accommodation for Jones, stating that she can be picked up at any Monroe lot and taken to the door of her building. This accommodation is not a viable option for Jones. She often works odd hours, including well into the evening, frequently on short notice, and this transit service requires at least twenty-four hours notice to schedule a pick-up for a disabled individual. In addition, the service stops running at 5:30 p.m. The Salvation Army has provided its own van on occasion to transport her to and from the lots to her work, but reliance on this private accommodation — which is not provided by Monroe — is misplaced. Moreover, this option is no longer available because the Salvation Army van is not wheelchair accessible, and its driver was seriously injured trying to help Jones out of the vehicle.
II. Standard of Review
The majority states that we are to review the district court’s judgment for an abuse of discretion. It is true that this Court generally reviews decisions on whether to grant a preliminary injunction for an abuse of discretion. See McPherson v. Mich. High Sch. Athletic Ass’n, 119 F.3d 453, 459 (6th Cir.1997). However, if pure legal conclusions are involved, we *483review the judgment of the district court de novo. See id. (stating that, in an appeal of a ruling on a preliminary injunction, factual findings are reviewed for clear error, and legal rulings are reviewed de novo). Jones does not dispute any factual findings made by the district court. Whether the ADA requires Monroe to provide Jones with the requested modification of its parking policy is strictly a legal question. Therefore, we are not to give deference to the judgment of the district court.
III. Whether Jones is a Qualified Individual with a Disability
Monroe argues that Jones is not a qualified individual with a disability because she is not a person who is contemplated to be served by Monroe’s one-hour parking ordinance. As such, she is not protected by the ADA.
It is incorrect, however, to address the benefit that Jones claims she is being denied as though it revolves around the one-hour parking ordinance. Jones has never complained that she is being denied the benefit of this one-hour ordinance. Jones argues that Monroe provides all individuals the benefit of free downtown parking, and this is undisputed. The one-hour ordinance is only relevant insofar as it prevents Jones from enjoying the benefit of the free all-day downtown parking program. Therefore, while the one-hour ordinance may be relevant to whether Jones’s requested modification is a fundamental alteration, it is wholly inapplicable to the question of whether she is a qualified individual with a disability.
The majority concludes that “[t]he essence of Jones’s position is that the ADA requires Monroe to provide her an all-day parking space in the exact location she requires.” However, this is not the essence of her claim. Jones has never taken the position that she should be able to park wherever she wants. The “essence” of her claim is that because Monroe provides free and accessible all-day parking for everyone else, it cannot effectively deny her the benefit of this parking program because of her disability.
A hypothetical example may serve to illuminate this issue. Suppose that a city provides the service of a public library for the enjoyment of its citizens. The library has three separate entrances, East, West, and South, all of which are equipped with wheelchair ramps. The wheelchair ramp at the South entrance is slightly wider than the other two. A certain disabled individual, Ms. Smith, enjoys utilizing the library, just as all other disabled and able-bodied individuals are able to do. Unfortunately for Smith, her particular disability requires her to use a specially designed wheelchair that is larger than other wheelchairs, and she therefore cannot access the library through the East or West entrance.
After some time, the city decides that it has to do more to encourage children to read, and so it converts the South wing of the library to “Kiddies Land,” where there are many activities designed to develop children’s interest in reading. The city has determined that this plan is beneficial because it serves not only to encourage children to read, but also to increase the revenues generated by the library. Additionally, the city has decided that in order to reap the full benefits of Kiddies Land, adult patrons may not use the South wing. As a result, Smith requests that she be permitted to use the South entrance without being subject to the monetary fine the city has decided to impose on adults who enter the South wing. The city rejects her request. Nevertheless, Smith continues to access the library through the South entrance, and is severely fined each time she does so.
*484Smith sues under the ADA, arguing that the city is providing a service, in the form of a public library, that she is denied the benefit of using due to her disability. She requests that the reasonable modification be made to allow her to use the South entrance. In such a situation, it would make no sense for the court to hold that Smith is not a qualified individual with a disability because the South wing of the library is intended for the benefit of children. Smith is not complaining that she is not allowed to use Kiddies Land. She is complaining that, due to her rare disability, she is denied access to the entire library. The use of the South entrance is merely the reasonable modification she proposes in order to have the same library access as other citizens. The city may argue that permitting Smith access through the South wing would fundamentally alter Kiddies Land. It cannot be said, however, that Smith is not a qualified individual under the ADA when she seeks access to the library itself rather than access to Kiddies Land.1
The Technical Assistance Manual for Title II of the ADA sheds further light on the issue of whether Jones is “otherwise qualified.” The manual confronts the question of whether accommodations such as freight elevators can be used to satisfy the program accessibility requirements. See ADA Technical Assistance Manual II-5.1000 (1993). The manual states that such arrangements are permissible, as a last resort, so long as the passageways remain reasonable in length, fairly well lit, and generally clean. See id. The argument asserted by Monroe, however, inescapably conflicts with the manual. By Monroe’s logic, a disabled individual would not be permitted to use a freight elevator because the freight elevator is not intended to transport members of the public. Therefore, the disabled individual would not be “otherwise qualified.” The example in the Technical Assistance Manual exposes the flaw in this logic. It is therefore clear that Jones has satisfied the second element of her prima facie case by demonstrating that she is otherwise qualified to benefit from the program.
IV. Whether Jones is Able to Benefit from the Parking Program
The majority asserts that Jones has equal access to the free downtown parking, that she can park there if she chooses, and that she therefore is not denied the benefit provided by Monroe. While it is true that she may park in the free all-day lot if she chooses to do so, this does not mean that she has the “meaningful access” that the ADA requires. See Alexander v. Choate, 469 U.S. 287, 301, 105 S.Ct. 712, 83 L.Ed.2d 661 (1985) (noting that an otherwise qualified handicapped individual must be provided with meaningful access to the benefit offered). For Jones to be able to benefit from Monroe’s parking program, she needs to be able to have access to the locations which non-disabled individuals can access from these parking lots. The majority accuses me of conflating meaningful access to downtown parking with meaningful access to an individual’s destination of choice. However, I do not be*485lieve that Jones has the right to meaningful access to her destination of choice. I do not contend that, if Monroe provides free parking anywhere in the city, it must provide free parking to disabled individuals anywhere in the city they choose to go. Of course, to the extent that free, accessible parking is not provided for non-disabled individuals, it need not be provided for anyone. I do, however, believe that she has the right to the benefit of meaningful access to those locations that — but for her disability — would be accessible to her through Monroe’s parking program. I am not conflating this benefit with free downtown parking. Rather, the majority’s attempt to separate the two is artificial. Parking is only meaningful insofar as it provides individuals with access to their destinations.
Returning to the hypothetical illustration, if Ms. Smith were to gain access to the library, only to find that all of the books were placed on shelves too high for her to reach from her wheelchair, the city would be required to accommodate her and make sure that she had access to the books she could not reach. Entry into the library is only meaningful because it provides individuals with access to the books the library contains. Under the majority’s logic, if Smith were to argue that the ADA requires that she be given access to the high-shelved books, she would be conflating access to the library with access to the books of her choice.
The majority cites Choate in support of the proposition that “the benefit is not appropriately defined as free downtown parking generally, but rather as the provision of all-day and one-hour parking in specific locations.” This does not clarify precisely how the majority is defining the benefit, which is critical to this case. The provisions for all-day parking and one-hour parking are two separate and clearly distinct provisions. Jones only claims that she is denied the benefit of the former.
In Choate, the Court explicitly addressed the issue of defining the benefit, and made clear that the approach the majority takes here is impermissible. It stated, “The benefit itself, of course, cannot be defined in a way that effectively denies otherwise qualified handicapped individuals the meaningful access to which they are entitled; to assure meaningful access, reasonable accommodations in the ... benefit may have to be made.” 469 U.S. at 301, 105 S.Ct. 712. The Court also noted that “[ajntidiscrimination legislation can obviously be emptied of meaning if every discriminatory policy is ‘collapsed’ into one’s definition of what is the relevant benefit.” Id. at 301 n. 21, 105 S.Ct. 712.
In determining that the benefit provided in Choate was “individual services offered,” rather than the more amorphous benefit of “adequate health care,” the Court noted that “[t]he 14-day limitation will not deny [the disabled individuals] meaningful access to Tennessee Medicaid services or exclude them from those services.” Id. at 302-03, 105 S.Ct. 712. In contrast, Jones is clearly denied meaningful access to parking services, as the only spaces she is permitted to use are inaccessible to her. Unlike the plaintiffs in Choate, Jones is therefore altogether excluded from meaningful access to the service.
The Choate Court also explained, “The reduction in inpatient coverage will leave both handicapped and nonhandicapped Medicaid users with identical and effective services fully available for their use, with both classes of users subject to the same durational limitation.” Id. While the dura-tional limitations in the one-hour spaces are certainly identical for both classes of individuals, in the present case, unlike Choate, the durational limitation in and of itself is not the problem. Rather, the *486problem here is that the durational limitation renders Jones unable to take advantage of a benefit clearly distinct from the durational limitation, that is, free and accessible, all-day downtown parking.
Lastly, in Choate, “[t]he 14-day limitation ... [did] not exclude the handicapped from or deny them the benefits of the 14 days of care the State [chose] to provide.” Id. In contrast, Jones is excluded from the benefits of free and accessible downtown parking because her disability prevents her from utilizing the all-day spaces Monroe chose to provide altogether.
It is true that the Supreme Court noted that “Medicaid programs do not guarantee that each recipient will receive that level of health care precisely tailored to his or her particular needs,” id. at 803,105 S.Ct. 712, but an attempt to claim that Jones is likewise not guaranteed a parking space precisely tailored to her particular needs is wholly unpersuasive. A fair reading of Choate indicates that the Supreme Court would have found a violation of the Rehabilitation Act if Tennessee’s actions had the effect of completely denying any individual access to inpatient care. Here, Jones is denied access to all possible parking spaces, whether by reason of her disability or Monroe’s one-hour restriction. Thus, the difference between the services provided for others and the services provided for Jones is a difference in kind, and not merely degree. She is completely denied an effective parking space, and the language in Choate suggests that the Court would not have countenanced this type of discrimination. Thus, a proper application of Choate compels finding for Jones.
The majority’s position is that Jones has access to downtown parking just as nondis-abled individuals do. This argument ignores the fact that other individuals who work in downtown Monroe are able to benefit from Monroe’s free parking program only because it allows them access to their “destination of choice.” It may be true that Monroe’s downtown parking system requires that not every person is going to have access to his or her own workplace. However, it is equally true that Monroe’s downtown parking system provides parking that would be accessible to Jones but for her disability. The analysis is straightforward. Jones is denied the relevant benefit because, if Jones did not have multiple sclerosis, she would be provided with free all-day parking that gives her access to the building where she works. Because she has multiple sclerosis, she is not provided with that benefit. There is no question, therefore, that she satisfies the third element of her prima facie case, that is, she is unable to benefit from the public program because of her disability.
Y. Whether the Requested Modification is Unreasonable or Fundamentally Alters the Nature of the Service Provided
The majority also finds that to permit Jones to park in one of the spaces adjacent to her building would fundamentally alter the nature of the service Monroe provides. The majority, however, points to nothing about the requested modification that would fundamentally alter the service in any way, other than merely pointing out that the requested modification is a change. But this is precisely what the governing statutes require. If courts were permitted to hold, as the majority does here, that any “modification” fundamentally alters the service because it requires that the service be “modified,” the Rehabilitation Act and the ADA would be rendered ineffectual. It is worth restating that Jones does not complain that she is being denied the benefit of the one-hour *487parking ordinance. Our analysis requires us to consider whether the modification Jones requests fundamentally alters the program or service of which she is denied the benefit. Accordingly, it is not proper to analyze the fundamental-alteration question based on whether the one-hour ordinance is fundamentally altered.
The Supreme Court has explicitly rejected the idea that any mere alteration of a rule is fundamental. See PGA Tour, Inc. v. Martin, 532 U.S. 661, 689 n. 51, 121 S.Ct. 1879, 149 L.Ed.2d 904 (2001) (disapproving of a reading of the ADA that would render the word “fundamentally” largely superfluous). Requiring public entities to make changes to rules, policies, practices, or services is exactly what the ADA does. Oconomowoc Residential Programs, Inc. v. City of Milwaukee, 300 F.3d 775, 782-83 (7th Cir.2002). The Court recognized the administrative burdens that Congress knew it was imposing when passing the ADA. See Martin, 532 U.S. at 680, 121 S.Ct. 1879. The majority essentially contends that requiring an entity to make such changes ipso facto results in a fundamental alteration, and is therefore not required by the ADA. This is simply not the case.
Recent Supreme Court precedent compels a finding that the modification Jones requests is not a fundamental alteration. In Martin, a disabled professional golfer, Casey Martin, sued the PGA for refusing to permit him to ride in a golf cart as a modification of its “walking rule.” See Martin, 532 U.S. at 669, 121 S.Ct. 1879. The PGA argued that the goal of its tournaments was to compare the performance of competitors, a task that is meaningful only if identical substantive rules apply to all competitors. Id. at 686, 121 S.Ct. 1879. The PGA claimed that the waiver of any rule that may alter the outcome of the event necessarily violates this principle, and the reasonable modification Martin sought would therefore be a fundamental alteration. Id. Despite this argument, the Supreme Court held that the refusal to grant Martin’s request was discrimination prohibited by the ADA, finding that permitting him to ride in a cart would not fundamentally alter the nature of the golf tournaments. Id. at 689, 121 S.Ct. 1879.
Of particular note is that neither the majority nor the dissent in Martin analyzed whether waiving the walking rule would fundamentally alter that rule itself, rather, they assessed whether waiving the rule would fundamentally alter golf tournaments. The Court’s recognition of the appropriate framing in Martin compels us to take the same approach here. Here, therefore, we must consider whether waiving the one-hour ordinance for Jones would fundamentally alter the overall parking scheme downtown, not its effect on the one-hour ordinance. Had the Supreme Court utilized the rationale the majority uses here, it would have simply stated that waiver of the walking rule “by its very nature” fundamentally alters the walking rule, and is therefore not required by the ADA.2
*488Similarly, in the recent case of Dudley v. Hannaford Bros. Co., 333 F.3d 299 (1st Cir.2003), the First Circuit considered whether a retailer’s policy of never reconsidering a cashier’s refusal to sell alcohol to a customer who appeared intoxicated violated the ADA. In Dudley, the plaintiff had suffered severe trauma in an automobile accident, and regularly exhibited characteristics often associated with intoxication. Id. at 301. Because he appeared intoxicated, a cashier refused to sell him alcoholic beverages. Id. at 302. "When the plaintiff asked to speak to a manager and explained his situation, the manager, despite believing that the plaintiffs story was plausible, relied on the store’s policy that management would not revisit a cashier’s refusal to sell alcohol to a customer. Id. Citing Martin, the First Circuit noted that, because the plaintiff established his prima facie case, the defendant had to establish that the requested modification, withdrawal of the “refusal to reconsider” policy, fundamentally altered the nature of its business. Id. at 307-08. Again, it is important to note that the court did not consider whether withdrawal of the policy fundamentally altered the nature of the policy itself. Of course, the waiver of any rule alters that rule tautologically. Rather, the court assessed whether withdrawal of the policy would fundamentally alter the nature of its business, and found that it would not. Id. at 308-09. Again, applying this reasoning to the present case, it is clear that we should be considering whether exempting Jones from the one-hour ordinance fundamentally alters Monroe’s downtown parking scheme as a whole, not whether it fundamentally alters the one-hour ordinance itself.3
I recognize that the precise contours of when an alteration is properly considered fundamental under an ADA analysis may be difficult to define. It is clear, however, that whatever this standard demands, in order to be a fundamental alteration, the requested modification must result in an alteration more fundamental than the modification requested in Martin. The present action is not such a case. If the ADA requires the PGA to alter the enforcement of the walking rule to accommodate Martin’s disability, it surely must require Monroe to alter the enforcement of its one-hour parking ordinance to accommodate Jones’s disability.
The majority asserts that “[b]y its very nature, the benefit of one-hour free public parking cannot be altered to permit disabled individuals to park all day without jeopardizing the availability of spaces to *489other disabled and nondisabled individuals.” This statement misses the point.
First, as the majority recognizes, the ADA requires courts to conduct an individualized inquiry. The Supreme Court has stated that “the ADA was enacted to eliminate discrimination against ‘individuals’ with disabilities.... To comply with this command, an individualized inquiry must be made to determine whether a specific modification for a particular person’s disability would be reasonable under the circumstances.” Martin, 532 U.S. at 688, 121 S.Ct. 1879. Jones does not contend that Monroe’s parking program should be altered to permit disabled individuals to park all day in the spots most convenient for them. Jones argues only that she should be able to park in one of the only eleven spots capable of accommodating her needs — not most convenient for her.
It is fair to say that, on their face, the parking limitations do not affect disabled and nondisabled individuals differently, and it is also true that most disabled individuals are able to comply with the parking limitations and benefit from the parking services. Jones, however, cannot. The ADA requires the question to be whether the parking limitations affect any disabled individual differently than they affect the nondisabled. Because of her disability, the parking limitations clearly do affect Jones differently than nondisa-bled individuals. Other similarly situated individuals are able to park for free all-day in spaces that allow them meaningful access to their destination, but Jones is not.
Second, whether the requested alteration “jeopardizes the availability” of spaces to other individuals is not the appropriate legal question. Virtually every accommodation made for disabled individuals, in one slight manner or another, “jeopardizes” others. Handicapped spaces in shopping mall parking lots “jeopardize” the availability of parking spaces for nondisa-bled shoppers. Permitting Casey Martin to ride in a cart during a golf tournament “jeopardizes” other golfers’ chances of winning the tournament. But this is'simply what the ADA requires.
The appropriate questions are whether the requested modification is unreasonable, and whether the modification fundamentally alters the service. Here, the modification is clearly reasonable and fundamentally alters nothing. Monroe’s one-hour parking program provides 110 free spaces. If Jones were accommodated, only 109 would be available during certain times. This simply cannot constitute a “fundamental alteration.”
The Technical Assistance Manual also proves to be illuminating on this issue. The manual does not even contemplate that permitting a disabled individual to use a freight elevator would be a fundamental alteration, despite the fact that freight elevators are intended to transport freight, rather than individual members of the public. See ADA Technical Assistance Manual II-5.1000. The acknowledgment that a freight elevator could be used as an accommodation implicitly affirms that permitting such use does not constitute a fundamental alteration.
The manual also provides the following compelling illustration of a modification that would be a fundamental alteration: “Installing an elevator in an historic house museum to provide access to the second floor bedrooms would destroy architectural features of historic significance on the first floor.” ADA Technical Assistance Manual II-5.5000. In such a situation, the installation of an elevator would indeed be a fundamental alteration. The sharp contrast, however, between this sort of modification and the benign modification requested by Jones, is obvious. The alteration to the *490historic house is fundamental; the request by Jones is simply an alteration.
The majority also asserts that providing Jones with her requested modification would ‘'‘require Monroe to cease enforcement of an otherwise valid ordinance.” This is not the case. The ADA requires only that Monroe cease enforcement of the one-hour ordinance with respect to Jones. Monroe would still be free to enforce the ordinance with respect to others who violate it. Martin simply held that the individual plaintiff must be permitted to use a golf cart in PGA tournaments, not that the PGA had to permit all golfers to use carts. The PGA only had to cease the enforcement of its rule with regard to Martin. See Martin, 532 U.S. at 689, 121 S.Ct. 1879 (stating that the walking rule could “be waived in individual cases without working a fundamental alteration”) (emphasis added).
VI. Preliminary Injunction Factors
I do not take issue with the four factors noted by the majority which the district court is to consider when considering a motion for a preliminary injunction. However, for the reasons detailed above, I believe that Jones has a high likelihood of success on the merits. In addition, the emotional and physical toll that Jones suffers from being denied a parking spot is surely irreparable, especially in light of the severity of her multiple sclerosis. The harm to others in this case is negligible. The public interest is clearly served by eliminating the discrimination Congress sought to prevent in passing the ADA. In addition, permitting Jones to park adjacent to her building improves her capacity to counsel her clients, which also serves the public interest. Thus, proper consideration of all four factors requires this Court to grant Jones’s request for injunc-tive relief.
VIL The District Court’s Abuse of Discretion
As stated above, I contend that the majority improperly applies an abuse of discretion standard of review in this case, when a de novo standard is required. However, the legal arguments in favor of Jones in this case are so strong that application of a clearly erroneous standard would not change the result. As the majority notes, the district court’s determination will be disturbed only if the district court relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal standard. Nightclubs, 202 F.3d at 888.
Because Jones is being denied the benefit of free and accessible all-day parking due to her disability, and because the modification she requests is not a fundamental alteration, the district court “improperly applied governing law,” and the decision was therefore an abuse of discretion.
In addition, the district court “used an erroneous legal standard.” In assessing Jones’s likelihood of success on the merits, the district court stated only that “[t]he City’s parking plan takes into account the needs of the handicapped and does not, on its face, seem to violate the ADA. In short, the City’s parking plan seems to comply with the federally mandated standard of equal access.” Whether the parking plan, on its face, seems to violate the ADA is not the appropriate legal standard, nor is whether the plan seems to comply with the standard of equal access. The appropriate legal standards are whether Jones is being denied a benefit due to her disability, and whether the modification she seeks is a fundamental alteration. The district court therefore used erroneous legal standards in disposing of this case. Accordingly, the erroneous legal standards used by the district court require this Court to find the *491district court’s judgment to be an abuse of discretion.
VIII. Conclusion
As the First Circuit has noted, the ADA “did not emerge in a vacuum.” Dudley, 333 F.3d at 303. Congress found that “society has tended to isolate and segregate individuals with disabilities,” creating “a serious and pervasive social problem.” 42 U.S.C. § 12101(a)(2). Congress explicitly noted that disabled individuals continually encounter discrimination that includes, among other things, the discriminatory effects of architectural and transportation barriers, failure to make modifications to existing practices, and relegation to lesser benefits. Id. § 12101(a)(5). In order to ensure full participation of disabled individuals in our society, Congress enacted the ADA to “address the major areas of discrimination faced day-to-day by people with disabilities.” Id. § 12101(b)(4).
The majority decision is in direct conflict with the intent of Congress, the text of the statutes, and the corresponding regulations, and the decision also violates binding Supreme Court precedent. Because the benefit “cannot be defined in a way that effectively denies otherwise qualified handicapped individuals the meaningful access to which they are entitled,” Choate, 469 U.S. at 301; and because we cannot read the ADA in a manner that “renders the word ‘fundamentally’ largely superfluous,” Martin, 532 U.S. at 689 n. 51, 121 S.Ct. 1879,1 would reverse the district court and grant Helen Jones’s motion for a preliminary injunction.
. The majority’s attempt to distinguish this hypothetical example from Jones’s case is in-apposite. While the majority may assume that Jones has satisfied the second element of her prima facie case, Monroe argues that she has not. I put forth this hypothetical illustration to demonstrate the futility of Monroe’s argument that Jones is not otherwise qualified to benefit from the parking program. By stating that Smith’s case is different from Jones’s because Jones is not denied access to the benefit, the majority is attempting to demonstrate why Jones does not meet the third element of her prima facie case — a question I address in Part IV of this opinion, but do not intend to address in this illustration.
. The majority discounts the instructiveness of Martin, because parking “is hardly analogous to the game of golf.” However, I believe that Martin’s precedential value extends well beyond the golf course. The majority’s criticism, if valid, could well be directed at their reliance on Choate, as parking benefits are similarly "hardly analogous" to Medicaid benefits. My view that both Choate and Martin are instructive here is in no way based any similarities between Medicaid, golf, and parking. A number of federal circuit courts have applied Martin to ADA cases involving factual scenarios similarly different from golf. See, e.g., Dudley v. Hannaford Bros. Co., 333 F.3d 299, 307 (1st Cir.2003) (relying on Martin in holding that a retailer’s policy of never reconsidering a refusal to sell alcohol to a customer violated the ADA); Kapche v. City of San Antonio, 304 F.3d 493, 498 (5th Cir.2002) *488(relying on Martin in holding that an individualized inquiry is required in assessing whether a city violated the ADA in deeming an insulin-dependent applicant ineligible for a position as a police officer); Forman v. Small, 271 F.3d 285, 297 (D.C.Cir.2001). I believe that Martin and Choate are instructive and precedential because they interpret the relevant statutes and announce legal principles that are directly applicable to this case.
. I cannot overstate the importance of applying the proper scope of analysis when deciding whether a modification is a fundamental alteration. In this case, contrary to Martin and Dudley, the majority considers whether waiver of the one-hour ordinance fundamentally alters the one-hour ordinance itself, rather than whether it fundamentally alters Monroe's downtown parking scheme as a whole. Because I fear that the majority opinion may be read to establish a dangerous precedent that permits analyzing whether a requested modification is a fundamental alteration in a manner that would render virtually all modifications "fundamental alterations,” I also wish to note that the majority’s discussion of the fundamental-alteration issue is merely dicta. Because the majority finds that Jones does not meet the third element of her prima facie case, there is no need for the majority to assess whether her requested modification is a fundamental alteration.