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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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 > Withdrawn Technical Assistance: The ADA: Questions and Answers
Q. Must employers be familiar with the many diverse types of disabilities to know whether or how to make a reasonable accommodation?
An employer is required to accommodate only a "known" disability of a qualified applicant or employee....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
4.1.3(17) Public telephones
(17) Public telephones:...
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Webinars, Videos, and Training > Spirit of the ADA
Communicating with People with Disabilities: Accessible Places
Requires the Registered User plan or above.
Login!
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Webinars, Videos, and Training > How to Measure
Methods for Placing a Slope Tool on the Surface
There are several methods that can be used for measuring slopes and cross slopes with a digital slope meter. Each method has advantages and disadvantages.
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
406.4 Public parking garages
406.4 Public parking garages. …...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
V. Request for Public Comments
Request for Public Comments
The Department seeks input from the public and from those in the disability community, representatives of Federal, State, or local governments, public safety...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title II Highlights (revised in 2008)
Title II Highlights (revised in 2008)
U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Title II Highlights
I. Who is covered by title II of the ADA
II. Overview of Requirements
III....
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.81 For which passengers must carriers make seating accommodations?
As a carrier, you must provide the following seating accommodations to the following passengers on request, if the passenger self-identifies to you as having a disability specified in this...
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Additional Access Publications > Comparison: 2010 and 1991 ADA Standards for Accessible Design - Scoping Requirements
206 Accessible Routes
New: Requirements for common use circulation paths within employee work areas.
4.1.3(8) Public Entrances....
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State and Local Documents > Codes and Standards > 2019 California Standards
PRIVATE BUILDING OR FACILITY
[DSA-AC] A place of public accommodation or a commercial building or facility subject to Chapter 1, Section 1.9.1.2.
[2010 ADA Standards 106.5] Private Building or Facility....
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Federal Documents > Technical Assistance > Frequently Asked Questions about Service Animals and the ADA
Q31. Are stores required to allow service animals to be placed in a shopping cart?
Are stores required to allow service animals to be placed in a shopping cart?
A. No. Generally, the dog must stay on the floor, or the person must carry the dog. ...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Some Examples of Alternative Test Formats and Accommodations
Some Examples of Alternative Test Formats and Accommodations:
Substituting a written test for an oral test (or written instructions for oral instructions) for people with impaired...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-250.1 General
At locations where sidewalks and walks in the public right-of-way cross driveways without yield or stop traffic control, compliance with this section shall not be required....
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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)
§ 36.302(c)(7)
(7) Access to areas of a public accommodation....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(c)(6) Public participation
(6) Public participation
The regulations issued under this section shall require that each public entity which operates a fixed route system hold a public hearing, provide an opportunity...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Volume Control on Public Phones
The proposed rule specified a minimum of 25%, but many urged that all public phones should have volume control.
Response....
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Federal Documents > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
Case Study #1: Auxiliary aids and services under Title II are different from special education and related services under the IDEA.
Tommy is a thirteen‐year‐old student with significant hearing loss. He has a cochlear implant, and also relies on lip‐reading and social cues to communicate with others. He has been...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
When am I required to provide disability-related accommodations to an individual?
When am I required to provide disability-related accommodations to an individual?...
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Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
2. Public Pay Phones
If more than one bank of public pay phones is provided on a given floor, does at least one pay phone per bank have the following features: [ADA Stds. 4.1.3(17)]...
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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)
Commercial Facilities (Section-By-Section Analysis and Response to Comments)
of public accommodation....
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Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
1. The ADA
The ADA broadly protects the rights of individuals with disabilities in employment, access to State and local government services, places of public accommodation, transportation, and other...