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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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...
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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 36.201(a) (Section-By-Section Analysis and Response to Comments)
of any place of public accommodation....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Subpart D -- New Construction and Alterations (Preamble, Section-by-Section Analysis)
Subpart D -- New Construction and Alterations
Subpart D implements section 303 of the Act, which requires that newly constructed or altered places of public accommodation or commercial...
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Public Sector (Government) Facilities
required in multi-story government facilities subject to title II of the ADA except those with no more than two stories where the inaccessible story above (or below) the entry level has no public...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: The ADA: Questions and Answers
Q. What kinds of actions are required to reasonably accommodate applicants and employees?
What kinds of actions are required to reasonably accommodate applicants and employees?
A....
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Federal Documents > Technical Assistance > Common Problems Arising in the Installation of Accessible Pedestrian Signals
Common Problems Arising in the Installation of Accessible Pedestrian Signals
The Access Board’s draft Public Rights-of-Way Accessibility Guidelines (draft PROWAG) includes APS provisions that have been harmonized with MUTCD....
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Legal Documents > United States of America v. Camp Bravo - Settlement Agreement
TITLE III COVERAGE
Under title III of the ADA, no person who owns, leases (or leases to), or operates a place of public accommodation may discriminate against an individual on the basis of disability in the...
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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)
Hold and release of accessible guest rooms and third-party reservations. (Section-by-Section Analysis)
As discussed above, the rule reaches public accommodations that own, lease (or lease to), or operate a place of lodging. ...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
This AC applies to airports operated by public entities and those receiving federal financial assistance....
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Additional Access Publications > Accessible Health Care Briefs: HEALTH CARE (Clinic/Outpatient) FACILITIES ACCESS
4. b. GOVERNMENT ADA PUBLICATIONS AND INFORMATION
835 KB) www.sbaonline.sba.gov/ada/smbusgd.pdf
This 15-page illustrated guide presents an overview of basic ADA requirements for small businesses that provide goods and services to the public...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
"Service animal.'' (Preamble, Section-by-Section Analysis)
The term is used in Sec.36.302(c), which requires public accommodations generally to modify policies, practices, and procedures to accommodate the use of service animals in places of public...
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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)
Service animal (Section-By-Section Analysis and Response to Comments)
The term is used in Sec.36.302(c), which requires public accommodations generally to modify policies, practices, and procedures to accommodate the use of service animals in places of public...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.61 Public Transportation Programs and Activities in Existing Facilities
Section 37.61 Public Transportation Programs and Activities in Existing Facilities
This section implements section 228(a) of the ADA and establishes the general requirement for entities...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.137(b)(4) Public hearing
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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)
Subpart D -- New Construction and Alterations (Section-By-Section Analysis and Response to Comments)
of public accommodation or commercial facilities be readily accessible to and usable by individuals with disabilities....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Make a Reasonable Effort to Accommodate, Even Without Advance Notice
Therefore, you must make a reasonable effort to accommodate Mr. Thomas as long as it would not delay the flight.
Mr....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-1.3100 Exceptions
Even though private air terminals are not considered to be places of public accommodation, are airports covered as commercial facilities?...
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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)(2)
(2) Second, a public accommodation should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the 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)
§ 36.304(c)(2)
(2) Second, a public accommodation should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the 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)(3)(i)
(i) A facility used as, or designed or constructed for use as, a place of public accommodation; or...
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Federal Documents > Technical Assistance > Questions and Answers: Accessibility Requirements for Existing Swimming Pools at Hotels and Other Public Accommodations
QUESTIONS AND ANSWERS: ACCESSIBILITY REQUIREMENTS FOR EXISTING SWIMMING POOLS AT HOTELS AND OTHER PUBLIC ACCOMMODATIONS
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
Sec. 12183. New construction and alterations in public accommodations and commercial facilities. [Section 302]
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Drawings and Possible Solutions > Possible Solutions and Design Ideas > Designing Sidewalks and Trails for Access, Part II of II: Best Practices Design Guide
Designing Sidewalks and Trails for Access, Part II of II: Best Practices Design Guide
This guidebook is the second part of a two-phase project focused on designing sidewalks and trails for access. It was created to provide planners, designers, and transportation...
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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)
§ 36.210 Smoking.
This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in places of public accommodation....