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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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
7.2. Public Comments Regarding the Effects of the Rule on Small Movie Theaters
The Department notes that film festivals, pop-up movie theaters, and other alternative venues for showing movies still qualify as places of entertainment and are considered public 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)
§ 36.308 Seating in assembly areas.
A public accommodation shall ensure that wheelchair spaces and companion seats are provided in each specialty seating area that provides spectators with distinct services or amenities that...
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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)
§ 36.303(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 > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.405(b)
(b) If it is determined under the procedures set out in section 4.1.7 of appendix A that it is not feasible to provide physical access to an historic property that is a place of public accommodation...
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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)
§ 36.207(b)
(b) The portion of the residence covered under paragraph (a) of this section extends to those elements used to enter the place of public accommodation, including the homeowner´s front sidewalk...
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Webinars, Videos, and Training > Continuing education > Designing & Configuration Trends with Portable Chair Seating for Places of Assembly Continuing Education Course
Designing & Configuration Trends with Portable Chair Seating for Places of Assembly Continuing Education Course
Designing & Configuration Trends with Portable Chair Seating for Places of Assembly
Offered by: Hussey Seating Company
Credit: 1 CES HSW Credit
Learning...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
F106 Definitions
Definitions of "private building or facility" and "public building or facility" are not included because these terms are used to distinguish between places of public accommodation and commercial...
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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)
Service animals.
The Department wishes to clarify the obligations of public accommodations to accommodate individuals with disabilities who use service animals. ...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12201(b) Relationship to Other Laws
Nothing in this Act shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by title I, in transportation covered...
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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
Q5: Effective Date for Public Entities to Comply
Is there an effective date for when States and local public entities must comply with the requirements discussed in the technical assistance?...
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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)
Section-By-Section Analysis and Response to Public Comments
This section provides a detailed description of the Department’s changes to the title II regulation, the reasoning behind those changes, and responses to public comments received on these...
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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 36.208 Direct Threat (Preamble, Section-by-Section Analysis)
Under § 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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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
201.2.1.1
201.2.1.1 When a commercial facility or place of public accommodation is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND AURORA HEALTH CARE UNDER THE AMERICANS WITH DISABILITIES ACT
TITLE III COVERAGE AND DETERMINATIONS
. § 12181(6) and is a public accommodation within the meaning of 42 U.S.C. § 12182(a), because its operations affect commerce and it owns, leases (or leases to), or operates places of public...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-106.5 Defined terms
GRADE (ADJACENT GROUND ELEVATION)
GRADE BREAK
GROUND FLOOR
GROUND LEVEL PLAY COMPONENT
GUARD
HANDRAIL
HEALTH CARE PROVIDER
HISTORICAL BUILDINGS
HOUSING AT A PLACE...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title III Highlights
IV. Eligibility for Goods and Services
In providing goods and services, a public accommodation may not use eligibility requirements that exclude or segregate individuals with disabilities, unless the requirements are necessary...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.150(d)(2)
(2) If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where...
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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)
§ 35.150(d)(2)
(2) If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where...
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Links > General
The Guide to Securing Life-long Accommodations for Adult Children With Special Needs
The Guide to Securing Life-long Accommodations for Adult Children With Special Needs
Planning for the future is important for everyone, and especially so for parents of adult-dependent...
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Links > Independent Living
The National Association of Home Builders Certified Aging-in-Place Specialist (CAPS)
The Certified Aging-in-Place Specialist (CAPS) designation program teaches the technical, business management, and customer service skills essential to competing in the fastest growing segment...
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-228.3.1 General
The CBC Chapter 11B requirements for electric vehicle charging stations (EVCS) provided at places of public accommodation, public buildings, or commercial facilities are based on similar...
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Federal Documents > Technical Assistance > Technical Bulletin: Ground and Floor Surfaces
Technical Bulletin: Ground and Floor Surfaces
on July 26, 1990, provides comprehensive civil rights protections to individuals with disabilities in the areas of employment (title I), State and local government services (title II), public...
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Federal Documents > Regulations > 24 CFR Part 100—Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines
15. Public Telephones
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Subpart D—Acquisition of Accessible Vehicles by Public Entities
Subpart D—Acquisition of Accessible Vehicles by Public Entities...