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.
-
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...
-
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)(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....
-
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)
Section 36.406(a)(2) Applicable Standards (Section-by-Section Analysis)
[T]he new construction and alteration requirements of subpart D of the [1991] rule apply to all commercial facilities, whether or not they are places of public accommodation. ...
-
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)
§ 36.311(b)(1) Use of other power-driven mobility devices
A public accommodation shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility...
-
Federal Documents > Technical Assistance > Accessible Stadiums
Each bank of public telephones with three or more units, must be equipped with a shelf and electrical outlet
• For each bank of public telephones with three or more units, at least one telephone must be equipped with a shelf and electrical outlet to permit a person to use a portable TDD....
-
Legal Documents > National Association of the Deaf, Western Massachusetts Association of the Deaf and Hearing Impaired, and Lee Nettles, Plaintiffs v. NETFLIX, INC., Defendant - Statement of Interest
ARGUMENT
ARGUMENT
Defendant Netflix is a public accommodation that offers its Watch Instantly and other services to the public....
-
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)
§ 36.105(f)(2)
(2) An individual is not “regarded as having such an impairment” if the public accommodation demonstrates that the impairment is, objectively, both “transitory” and “minor.”...
-
Federal Documents > Technical Assistance > Accessible Play Areas - A Summary of Accessibility Guidelines for Play Areas
Introduction
The ADA requires that newly constructed and altered state and local government facilities, places of public accommodation, and commercial facilities be readily accessible to, and usable...
-
Federal Documents > Standards > 1991 ADA Standards for Accessible Design
1. PURPOSE.
This document sets guidelines for accessibility to places of public accommodation and commercial facilities by individuals with disabilities....
-
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)
"Qualified Small Business" (Section-by-Section Analysis)
unless they have been specifically authorized to do so or have proposed a size standard in compliance with the criteria set forth in the SBA regulations, have provided an opportunity for public...
-
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)
Legal standard for other power-driven mobility devices. (Section-by-Section Analysis)
alteration in the nature of the public accommodation's goods, services, facilities, privileges, advantages, or accommodations.'' 73 FR 34508, 34556 (June 17, 2008)....
-
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)
Section 36.303 Auxiliary Aids and Services (Section-by-Section Analysis)
Section 36.303 Auxiliary Aids and Services
Section 36.303(a) of the 1991 title III regulation requires a public accommodation to take such steps as may be necessary to ensure that no...
-
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(a) (Section-By-Section Analysis and Response to Comments)
Section 36.208(a) implements section 302(b)(3) of the Act by providing that this part does not require a public accommodation to permit an individual to participate in or benefit from the...
-
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 36.403 Alterations: Path of Travel (Preamble, Section-by-Section Analysis)
For example, the availability of public restrooms at a place of public accommodation at a roadside rest stop may be a major factor affecting customers’ decisions to patronize the public...
-
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 36.403 Alterations: Path of Travel (Section-By-Section Analysis and Response to Comments)
For example, the availability of public restrooms at a place of public accommodation at a roadside rest stop may be a major factor affecting customers' decisions to patronize the public...
-
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)
§ 36.302(c)(6)
A public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal....
-
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 36.306 Personal Devices and Services (Preamble, Section-by-Section Analysis)
This section states that a public accommodation is not required to provide its customers, clients, or participants with personal devices, such as wheelchairs; individually prescribed devices...
-
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)
Telecommunications. (Section-by-Section Analysis)
Paragraph (d)(1) is retitled, "Telephones" and altered to address situations in which a public accommodation must provide an effective means to communicate by telephone for individuals with...
-
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)
§382.10(c)(2)
(2) A detailed description of the alternative policy, practice, or other accommodation you are proposing to use in place of compliance with the provision of this part that you cite, and...
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-813 Adult changing facilities
could be made, based on the general obligation for governments to make their services, programs or activities available to individuals with disabilities [ADA Title II §35.130], and for public...
-
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)
Proposed Section 36.309 Purchase of Furniture and Equipment (Preamble, Section-by-Section Analysis)
Proposed Section 36.309 Purchase of Furniture and Equipment
Section 36.309 of the proposed rule would have required that newly purchased furniture or equipment made available for use at a place...
-
Federal Documents > Technical Assistance > Guide to the ADA Standards
Furnishings and Equipment
Recommendation: Design spaces so that planned furnishings and moveable elements are accommodated without encroaching into accessible routes and clearances....
-
Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Chapter 3: Publicizing the ADA: Advocacy and the Government Response
Publicizing the ADA: Advocacy and the Government Response
Gallaudet University erupted on March 1, 1988, as an estimated 1,500 alumni, students, faculty, and community supporters...
-
Federal Documents > Standards > 2010 ADA Standards
Employee Work Areas: ADA Standard Section 203.9
Section 203.9 covers scoping requirements of general exceptions for employee work areas in the most current ADA Standards.