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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Additional Access Publications > A Guide to Planning Accessible Meetings
Accommodations for Deaf Individuals or Those Experiencing Hearing Loss
They may request such accommodations as tactile sign language interpreters, Braille materials, and tactile signage....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Publicizing the ADA: Advocacy and the Government Response
Publicizing the ADA:
Advocacy and the Government Response
ADA advocates introduced their proposal in 1988 not with the expectation of passing the bill that year, but as an opportunity...
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Legal Documents > Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way
THIRD CAUSE OF ACTION
(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement . . . ....
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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 36.101 Purpose (Preamble, Section-by-Section Analysis)
This title prohibits discrimination on the basis of disability by public accommodations, requires places of public accommodation and commercial facilities to be designed, constructed, and...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
Shopping Center or Shopping Mall
For purposes of this section, places of public accommodation of the types listed in Paragraph (5) of the definition of “Place of public accommodation” in this code are considered sales or...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
106.5.60 Shopping Center or Shopping Mall
For purposes of this standard, places of public accommodation of the types listed in the definition of "place of public accommodation" in Chapter 68, Texas Administrative Code are considered...
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Federal Documents > Technical Assistance > Department of Transportation Disability Law Guidance: Questions and Answers Concerning Wheelchairs and Bus and Rail Service
Department of Transportation Disability Law Guidance: Questions and Answers Concerning Wheelchairs and Bus and Rail Service
Questions and Answers Concerning Wheelchairs and Bus and Rail Service
DEPARTMENT OF TRANSPORTATION
DISABILITY LAW GUIDANCE
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
ADA and Level Boarding - Q&A on Wheelchairs and Bus and Rail Service
DEPARTMENT OF TRANSPORTATION
DISABILITY LAW GUIDANCE
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Federal Documents > Standards > 2010 ADA Standards
Dispersion: ADA Standard Section 233.3.5
Section 233.3.5 covers scoping requirements in the current ADA Standards for dispersion of individual residential dwelling units.
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.137(b)(3) Opportunity for public comment
(3) Opportunity for public comment. The submitting entity shall make its plan available for review before the plan is finalized....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-245.2 Application
When a public accommodation is located in a private residence, that portion used exclusively in the operation of the public accommodation or that portion used both for the public accommodation...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
382.83 Through what mechanisms do carriers make seating accommodations?
382.83 Through what mechanisms do carriers make seating accommodations?
ETA Editor's Note
This section has no content in the original document....
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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)
Section 36.302(c) Service Animals (Section-by-Section Analysis)
of public accommodation properly excludes a service animal, the public accommodation must give the individual with a disability the opportunity to obtain goods, services, 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)
§ 36.101(a) Purpose
L. 110-325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by covered public accommodations and requires places of public accommodation and commercial...
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Links > Federal Department or Agency
USDA Forest Service Accessibility Guidebook for Ski Areas Operating on Public Lands
The ADA applies because the ski areas operate as “public accommodations,” that is, they are businesses open to the public....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
1. Public Participation and Request for Comments
The preamble includes questions that request comments on issues that the Access Board is particularly interested in receiving information from the 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)
Section 36.208(c) (Section-By-Section Analysis and Response to Comments)
Under Sec.36.301 of this part, a public accommodation is permitted to establish eligibility criteria necessary for the safe operation of the place of public accommodation....
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Federal Documents > Technical Assistance > Department of Transportation Disability Law Guidance: Questions and Answers Concerning Wheelchairs and Bus and Rail Service
Are transportation operators required to retrofit their vehicles to accommodate larger and heavier wheelchairs?
No. 49 CFR Part 38 continues to require that lifts have a minimum design load of 600 pounds and the lift platform accommodates a wheelchair measuring 30 inches by 48 inches....
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Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
Are transportation operators required to retrofit their vehicles to accommodate larger and heavier wheelchairs?
No. 49 CFR Part 38 continues to require that lifts have a minimum design load of 600 pounds and the lift platform accommodates a wheelchair measuring 30 inches by 48 inches....
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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 36.101 Purpose (Section-By-Section Analysis and Response to Comments)
This title prohibits discrimination on the basis of disability by public accommodations, requires places of public accommodation and commercial facilities to be designed, constructed, and...
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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
What are the auditory/braille requirements for EVCS units with a touch screen?
These requirements apply to point-of-sale devices in public buildings, public accommodations commercial buildings and public housing, including restaurants, stores, banks, theaters and DVD...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
37. Is it a reasonable accommodation to make sure that an employee takes medication as prescribed?
Medication monitoring is not a reasonable accommodation. Employers have no obligation to monitor medication because doing so does not remove a workplace barrier....
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Links > Independent Living
A Guide on How to Get Scholarships and Grants for Students with Disabilities
The financial burdens of medical care can make it difficult for many students with disabilities to pursue higher education – a harsh reality that can lead to lifelong...
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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)
"Religious entity.'' (Preamble, Section-by-Section Analysis)
Even when a religious organization carries out activities that would othervise [sic] make it a public accommodation, the religious organization is exempt from ADA coverage....