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 โ
(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 โ (i) An inn, hotel, or motel; or
(ii) A facility that โ (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 โ (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 > Technical Assistance > Withdrawn Technical Assistance: Title III Highlights
IX. New Construction
All newly constructed places of public accommodation and commercial facilities must be accessible to individuals with disabilities to the extent that it is not structurally impracticable...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Nondiscrimination on the Basis of Disability; Notice of Withdrawal of Four Previously Announced Rulemaking Actions
B. Accessibility of Equipment and Furniture
The Department initiated a review of accessibility of equipment and furniture on July 26, 2010, with the publication of an ANPRM to consider possible changes to requirements under titles...
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Federal Documents > Standards > 2010 ADA Standards
Location: ADA Standard Section 502.3.4
Section 502.3.4 covers the current ADA Standards for the required location of access aisles.
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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 36.302 Modifications in Policies, Practices, or Procedures (Preamble, Section-by-Section Analysis)
Section 36.302(b) provides that a public accommodation may refer an individual with a disability to another public accommodation, if that individual is seeking, or requires, treatment or...
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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 36.302 Modifications in Policies, Practices, or Procedures (Section-By-Section Analysis and Response to Comments)
Section 36.302(b) provides that a public accommodation may refer an individual with a disability to another public accommodation, if that individual is seeking, or requires, treatment or...
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Additional Access Publications > Accessible Health Care Briefs: CHOOSINGย ANDย NEGOTIATINGย ANย ACCESSIBLEย FACILITYย LOCATION
2. a. ii. Responsibility
Allocations of responsibilities between landlord and tenant for removing barriers when readily achievable, and modifying policies, both in common areas as well as within places of public...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
A. Statutory and rulemaking history
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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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)
ยง 36.208(a)
(a) This part does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and 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 (1991 ADA Title III Regulations)
Sec.36.208(a)
(a) This part does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations...
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Legal Documents > Colorado Cross-Disability Coalition, et al. Plaintiffs, v. Abercrombie & Fitch Co., et al., Defendants. - Statement of Interest on the Parties' Motions for Summary Judgment
A. Overview Of The Relevant Statutory And Regulatory Provisions
of any place of public accommodation.โ2ย 42 U.S.C. ยง 12182(a).ย ...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
Sec. 12144. Public entity operating a demand responsive system. [Section 224]
If a public entity operates a demand responsive system, it shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, for such entity to...
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Additional Access Publications > A Guide to Planning Accessible Meetings
Accessible Round Table Style
maximum, and for a six-ยญfoot round table set 10 places maximum....
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Additional Access Publications > Accommodation and Compliance Series: Employees with Autism Spectrum Disorder
Questions to Consider
What accommodations are available to reduce or eliminate these problems? Are all possible resources being used to determine accommodations?
5....
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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.36.302(a) General
A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services,facilities, privileges, advantages...
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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)
ยง 36.302(a) General.
A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges,...
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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.36.305(a) General
Where a public accommodation can demonstrate that barrier removal is not readily achievable, the public accommodation shall not fail to make its goods, services, facilities, privileges,...
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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)
ยง 36.305(a) General
Where a public accommodation can demonstrate that barrier removal is not readily achievable, the public accommodation shall not fail to make its goods, services, facilities, privileges,...
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Additional Access Publications > A Guide to Planning Accessible Meetings
Must Gluten-free Be Free? What You Should Know About Celiac Disease and the ADA
โADAโ), whether a restaurant must provide a gluten-free dish as an accommodation, and finally, whether it may charge an added fee for the accommodation....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
N.D. Cal.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Case No: C 07-3685 SBA
11-26-2014
IVANA KIROLA, et al.,...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
B. Title III's Implementing Regulation
Title III's implementing regulation reiterates the statute's requirements and spells out in detail a public accommodation's obligation to furnish auxiliary aids and services to individuals...
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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)
ยง 36.303(c)(1)(i)
this section, โcompanionโ means a family member, friend, or associate of an individual seeking access to, or participating in, the goods, services, facilities, privileges, advantages, or accommodations...
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Products and Additional Resources > Products
Listen Technologies ADA Standard Stationary IR Assistive Listening System
In addition to ensuring that public facilities are compliant; the system helps solve frustrating but common sound problems caused by distance, background noise, or poor room acoustics....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
221.8 Temporary Platforms or Other Movable Structures
Wheelchair spaces and companion seats shall not be located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed on...
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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)
ยง 36.302(c)(6) Inquiries
A public accommodation shall not ask about the nature or extent of a person's disability, but can determine whether an animal qualifies as a service animal....