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 > Codes and Standards > 2012 Texas Accessibility Standards
106.5.46 Private Building or Facility
A place of public accommodation or a commercial building or facility subject to Texas Government Code, Chapter 469....
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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)
§ 36.302(e) Hotel reservations
A public accommodation that owns, leases (or leases to), or operates a place of lodging shall: ...
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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)
The ADA and Department of Justice Regulations
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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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)
§ 36.302(c)(8) Fees or surcharges
A public accommodation shall not ask or require an individual with a disability to post a deposit, pay a fee or surcharge, or comply with other requirements not generally applicable to other...
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Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
JURISDICTION
. § 36.104, motion picture houses are places of public accommodation....
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Federal Documents > Technical Assistance > Accessible Stadiums
Public Telephones
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
704.5 TTY Shelf
Public pay telephones required to accommodate portable TTYs shall be equipped with a shelf and an electrical outlet within or adjacent to the telephone enclosure....
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Additional Access Publications > ADA Quick Tips - Sign Language Interpreters
ADA Quick Tips - Sign Language Interpreters
TITLE III of the Americans with Disabilities Act (ADA) makes it illegal for any business, building or other place that is open to the public to discriminate against people with disabilities...
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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.36.210 Smoking
This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in places of public accommodation....
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State and Local Documents > Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines)
T215.1 General
Communication features on non-rail vehicles shall comply with T215.
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State and Local Documents > Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines)
T215 Communication Features
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Site Arrival Points, Entrances, and Egress
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Federal Documents > Technical Assistance > Questions & Answers: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
Questions & Answers: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
In order to fully address some questions, the applicable requirements of Section 504 of the Rehabilitation Act of 1973 that apply to public entities receiving Federal funding from DOT, either...
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Federal Documents > Technical Assistance > DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
Resurfacing
Title II of the Americans with Disabilities Act (ADA) requires that state and local governments ensure that persons with disabilities have access to the pedestrian routes in the public...
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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
II. APPLICATION AND PARTIES BOUND
The Hotel is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7) because, among other things, it is an “inn, hotel, motel, or other place of lodging.” 42 U.S.C. §...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-704.5 TTY shelf
Public pay telephones required to accommodate portable TTYs shall be equipped with a shelf and an electrical outlet within or adjacent to the telephone enclosure....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Four Specific Situations in which a Seating Accommodation Must be Provided
Four Specific Situations in which a Seating Accommodation Must be Provided
If a passenger self-identifies as an individual with a disability, there are four specific situations where...
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Links > Design/Construction/Barrier Removal
Designing Sidewalks and Trails for Access, Part II of II: Best Practices Design Guide
Document: 484 pages (9.30 MB PDF)
Publication Date: September 2001
This guidebook is the second part of a two-phase project focused on designing sidewalks and trails for access....
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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)
§ 36.401(d)(1)(ii)(B)
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 section 36.104 are considered sales...
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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.36.401(d)(1)(ii)(B)
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 section Sec.36.104 are considered...
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Links > Federal Department or Agency
FTA Circular 4710.1: Americans with Disabilities Act Guidance
(Link is to PDF document online)
November 4, 2015
Subject: AMERICANS WITH DISABILITIES ACT (ADA): GUIDANCE
1. PURPOSE. This circular provides guidance to recipients and...
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Links > Advocacy/Legal Service
College Resources for Students with Disabilities
Support, Advocacy and Assistive Technology to Facilitate the Transition to Higher Education
With the advances of adaptive technologies and trend toward progressive legislation,...
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Links > Federal Department or Agency
National Center for Mobility Management (NCMM)
technical assistance center funded through a cooperative agreement with the Federal Transit Administration, and operated through a consortium of three national organizations—the American Public...
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Additional Access Publications > Social Security Administration Guide: Alternate Text for Images
Filenames and paths in place of alt-text
When you insert a picture (into Microsoft Word, for example), default alt-text is generated with the path and filename. This is useful for developers who need to find where they...