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 > Technical Assistance > Title I Technical Assistance Manual
12206(a)(2) Publication of plan
(2) Publication of plan....
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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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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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State and Local Documents > Codes and Standards > 2025 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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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 > 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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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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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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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...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
R212.3 Public Toilet Facilities
R212.3 Public Toilet Facilities. Public toilet facilities shall comply with sections 206.2.4 and 603 of Appendix D to 36 CFR part 1191....
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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)
"Private entity.'' (Preamble, Section-by-Section Analysis)
This addition clarifies that an individual may be a private entity and, therefore, may be considered a public accommodation if he or she owns, leases (or leases to), or operates a place...
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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)
Private entity (Section-By-Section Analysis and Response to Comments)
This addition clarifies that an individual may be a private entity and, therefore, may be considered a public accommodation if he or she owns, leases (or leases to), or operates a place...
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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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Webinars, Videos, and Training > Demonstrations of ADA Requirements
NYC Board of Elections: Video 2 - Communication and Etiquette Part 2
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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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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 > 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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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....