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 > 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)
Religious entity (Section-By-Section Analysis and Response to Comments)
Even when a religious organization carries out activities that would othervise make it a public accommodation, the religious organization is exempt from ADA coverage....
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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)
§ 36.303(c)(1)(ii)
accordance with the method of communication used by the individual, the nature, length, and complexity of the communication involved, and the context in which the communication is taking place...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
49 CFR Part 38 - ADA Accessibility Specifications for Transportation Vehicles (with amendments issued through 2014)
Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.
Source: 56 FR 45756, Sept. 6, 1991, unless otherwise noted.
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-250 Circulation paths
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Federal Documents > Preamble to Guidelines > 24 CFR Part 100—Fair Housing Accessibility Guidelines, Preamble
IV. Public Comments and Commenters
The proposed guidelines provided a 90-day period for the submission of comments by the public, ending September 13, 1990. The Department received 562 timely comments....
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Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
A.
Cinemark USA, Inc. is a Texas corporation with its principal place of business located in Plano, Texas....
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Additional Access Publications > Accessible Health Care Briefs: CHOOSING AND NEGOTIATING AN ACCESSIBLE FACILITY LOCATION
1. a. Private Businesses that Serve the Public
If you own, operate, lease, or lease to a business that serves the public, then, you are covered by the ADA and have compliance obligations for:
Existing facilities,
Altered...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
V. Background on This Rulemaking and Public Comments Received
while a number of commenters on the Department’s NPRM expressed concern that the Department’s regulatory assessment unduly focused on individuals with learning disabilities who sought accommodations...
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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)
Commercial Facilities in Private Residences (Preamble, Section-by-Section Analysis)
The proposed rule addressed these requirements in the preamble to § 36.207, ‘‘Places of public accommodation located in private residences.’’...
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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 in Private Residences (Section-By-Section Analysis and Response to Comments)
The proposed rule addressed these requirements in the preamble to Sec.36.207, "Places of public accommodation located in private residences.''...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Areas of a public entity open to the public, participants in services, programs, or activities, or invitees. (Section-by-Section Analysis)
Areas of a public entity open to the public, participants in services, programs, or activities, or invitees....
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Common ADA Errors and Omissions in New Construction and Alterations
Error/Omission: Condiment or utensil items are placed above the reach range or are not located on an accessible route.
Restaurants
Error/Omission:
Condiment or utensil items are placed above the reach range or are not located on an accessible route....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
33. Does an employer have to change a person's supervisor as a form of reasonable accommodation?
An employer does not have to provide an employee with a new supervisor as a reasonable accommodation. Nothing in the ADA, however, prohibits an employer from doing so....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
Private Building or Facility
A place of public accommodation or a commercial building or facility subject to title III of the ADA and 28 CFR part 36 or a transportation building or facility subject to title III of the...
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
Appendix Two: Design Information and Accommodation Models
Appendix Two: Design Information and Accommodation Models
Table 1....
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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)
§ 36.405(b)
(b) If it is determined that it is not feasible to provide physical access to an historic property that is a place of public accommodation in a manner that will not threaten or destroy the...
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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)
Subpart F—Seating Accommodations
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
REASONABLE ACCOMMODATION AND JOB APPLICANTS
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
No Charge for Accommodating Passengers with a Disability
Carriers cannot impose charges for providing facilities, equipment, or services that are required by the ACAA and its accompanying regulations for passengers with a disability. [Sec....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
B. Seating Assignments and Accommodations
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
9.1.4 Classes of Sleeping 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)
Alerting to intruders. (Section-by-Section Analysis)
The Department reiterates that public accommodations are not required to admit any animal whose use poses a direct threat....
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Federal Documents > Technical Assistance > Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act
12. Q: If an older child has delayed speech or developmental disabilities, can we place that child in the infant or toddler room?
Q: If an older child has delayed speech or developmental disabilities, can we place that child in the infant or toddler room?
A: Generally, no....