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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State and Local Documents > Guidelines > Accessibility Guidebook for Outdoor Recreation and Trails
Accessibility Guidebook for Ski Areas Operating on Public Lands
Ski areas located on public lands are governed by ADA because they are providing public accommodations and also are governed by Section 504 of the Rehabilitation Act and related regulations...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CAVALIERS OPERATING COMPANY, LLC
III. JURISDICTION
Quicken Loans Arena is a place of public accommodation within the meaning of 42 U.S.C. § 12181 and 28 C.F.R. § 36.104 because its operations affect commerce, and because it is a place of...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: The ADA: Questions and Answers
Q. What are the limitations on the obligation to make a reasonable accommodation?
What are the limitations on the obligation to make a reasonable accommodation?
A....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(a) General rule
) General rule
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations...
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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)
§ 36.201(a) Prohibition of discrimination.
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any...
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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.36.201(a) Prohibition of discrimination
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any...
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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 (2008 Title III NPRM)
28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)
DEPARTMENT OF JUSTICE
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 and in Commercial...
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State and Local Documents > Guidelines > Accessibility Guidebook for Outdoor Recreation and Trails
Accessibility Guidebook for Outfitters and Guides Operating on Public Lands
Outfitters and guides who operate businesses on public lands are governed by ADA because they are providing public accommodations and are also governed by Section 504 of the Rehabilitation...
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Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
Who Is Eligible To Receive Testing Accommodations?
Who Is Eligible To Receive Testing Accommodations?
Individuals with disabilities are eligible to receive necessary testing accommodations. ...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
a. Public Television and Videos
If your local government produces public television programs or videos, they must be accessible....
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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)
Section 36.210 Smoking (Preamble, Section-by-Section Analysis)
Some commenters argued that § 36.210 does not go far enough, and that the regulation should prohibit smoking in all places of public accommodation....
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Additional Access Publications > Disability Specific Supplies for Emergency Kits
Prepare different kits for different places and situations:
Prepare different kits for different places and situations:
Keep it with you (KIWY) or carry-on you kit is for the essential items you need to keep with you at all times....
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Webinars, Videos, and Training > Demonstrations of ADA Requirements
NYC Board of Elections: Video 1 - Communications and Etiquette Part 1
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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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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 > Regulations > 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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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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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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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....