2010 ADA Definition
Place of Public Accommodation: Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories –
(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a "place of lodging" if it is – (i) An inn, hotel, or motel; or
(ii) A facility that – (A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and
(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following – (1) On- or off-site management and reservations service;
(2) Rooms available on a walk-up or call-in basis;
(3) Availability of housekeeping or linen service; and
(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.
(2) A restaurant, bar, or other establishment serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
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Links > Design/Construction/Barrier Removal
Designing Sidewalks and Trails for Access, Part I of II: Review of Existing Guidelines and Practices
Document: 184 pages (1.67 MB PDF)
Publication Date: July 1999
Sidewalks and trails serve as critical links in the transportation network by providing pedestrian access to commercial...
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Federal Documents > Technical Assistance > 24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
IV. Deeming 2010 Standards as an Alternative Accessibility Standard for Section 504 Compliance
It is important to emphasize that HUD recipients electing to use the 2010 Standards must use the 2010 Standards applicable to public entities under title II of the ADA, with the exceptions...
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Links > Design/Construction/Barrier Removal
University of Michigan Transportation Research Institute
University of Michigan Transportation Research Institute (UMTRI) has been involved in wheelchair-occupant safety research for more than thirty years and Biosciences researchers and...
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Links > Federal Department or Agency
HUD: Accessibility Requirements for Buildings
The following provides information on the housing accessibility requirements for both private and Federally assisted housing, including:
Accessibility Requirements for...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.210 Smoking (Section-By-Section Analysis and Response to Comments)
Some commenters argued that Sec.36.210 does not go far enough, and that the regulation should prohibit smoking in all places of public accommodation....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.137(b) Public participation
(b) Public participation. Each submitting entity shall ensure public participation in the development of its paratransit plan, including at least the following:...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.159(d)(3) Mobility aids accommodated
(3) Mobility aids accommodated....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.23(d)(3) Mobility aids accommodated
(3) Mobility aids accommodated....
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Legal Documents > United States of America v. Employees' Retirement Systems of Alabama, Teachers' Retirement Systems of Alabama, and PCH Hotels & Resorts, Inc. - Consent Decree
I. Public Toilet Rooms
Public Toilet Rooms:
(1) In all public and common use toilet rooms throughout the Hotel and the Tower, Defendants will provide at least one lavatory with a counter-top that is 34 inches...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.1000 General
A public accommodation may not discriminate against an individual with a disability in the operation of a place of public accommodation....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
101.1.4
101.1.4 This code is not intended to expand or diminish the defenses available to a place of public accommodation or a commercial facility under the Americans with Disabilities Act and the...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
603.3 Accommodation of Communication Needs (Section-by-Section Analysis)
603.3 Accommodation of Communication Needs (Section-by-Section Analysis)
This proposed section would permit compliant support services to be delivered through either of two methods: directly...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-221.2.1.6 Specialty seating areas
Exception: In existing buildings and facilities, if it is not readily achievable for wheelchair spaces to be placed in each specialty seating area, those services or amenities shall be provided...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12206(a)(2) Publication of plan
(2) Publication of plan....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.304(c)(4)
(4) Fourth, a public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.304(c)(4)
(4) Fourth, a public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of...
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Research and History > Committee Reports > Access for All: Five Years of Progress - A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
II. ENFORCING THE ADA PART 1
Project Civic Access
"I want to say that the Americans with Disabilities Act allowed me to get places, gave me more to do....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12206(a)(2) Publication of plan
(2) Publication of plan
The Attorney General shall publish the plan referred to in paragraph (1) for public comment in accordance with subchapter II of chapter 5 of title 5 (commonly...
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Federal Documents > Technical Assistance > Requirements to Remember for ADA Compliance in Construction Projects: Transportation Facilities
Requirements to Remember for ADA Compliance in Construction Projects: Transportation Facilities
Construction Projects
April 22, 2014
The ADA Standards issued by the Department of Transportation (DOT) apply to facilities used by state and local governments to provide designated public...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.102(b)(2)
(2) The requirements of subparts B and C of this part obligate a public accommodation only with respect to the operations of a place of public accommodation....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.10000 Smoking.
A public accommodation may prohibit smoking, or may impose restrictions on smoking, in places of public accommodation....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-1.5200 Scope of exemption
The private entity that rents the congregation's facilities to operate a place of public accommodation is not exempt, unless it is also a religious entity....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III−1.3000 Commercial facilities
This category sweeps under ADA coverage a large number of potential places of employment that are not covered as places of public accommodation....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
DEPARTMENT OF JUSTICE
Preamble to 28 CFR PART 36
[CRT Docket No. 106; AG Order No. 2968-2008]
RIN 1190-AA44
Nondiscrimination on the Basis of Disability by Public Accommodations...