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)
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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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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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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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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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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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 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....
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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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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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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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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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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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State and Local Documents > Codes and Standards > 2025 California Standards
11B-106.5 Defined terms
OF PUBLIC ACCOMMODATION
PLATFORM
PLATFORM (WHEELCHAIR) LIFT
PLAY AREA
PLAY COMPONENT
POINT-OF-SALE DEVICE
POWDER ROOM
POWER-ASSISTED DOOR
PRIVATE BUILDING OR FACILITY...
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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 > 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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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 > 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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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