For title III to apply, a defendant must be a “person who owns, leases (or leases to), or operates a place of public accommodation.” 42 U.S.C. § 12182....
Search Results "Place of Public Accommodation"
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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Commonly Searched Documents
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B. Defendant is Covered Under Title III Because it Owns and Operates its Watch Instantly Service; Other Control Arguments Are Not Supported or Are Inappropriate for Judgment on the Pleadings
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CONSENT DECREE
of any place of public accommodation by any private entity that owns, leases (or leases to), or operates any place of public accommodation. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a)....
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Wild animals, monkeys, and other nonhuman primates. (Section-by-Section Analysis)
The organization acknowledged that the capuchin monkeys it trains are not necessarily suitable for use in a place of public accommodation but noted that the monkeys may need to be used in...
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11B-809.10.7.3 Reinforcement for grab bars
Reinforcement for grabs bars shall comply with the following: Where water closets are not placed adjacent to a side wall capable of accommodating a grab bar, the bathroom shall...
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Consultation on auxiliary aid or service. (Section-by-Section Analysis)
A public accommodation should consult with the individual with a disability, wherever possible, to determine what auxiliary aid or service would provide effective communication. ...
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24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 8 [Docket No. FR–5784–N–01] Nondiscrimination on the Basis of Disability in Federally Assisted Programs and...
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III-4.2200 Specialties
It is not considered discriminatory for a public accommodation with a specialty in a particular area to refer an individual with a disability to a different public accommodation if --...
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A. Statutory and Rulemaking History Up to the 2008 NPRM
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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Hold and release of unsold accessible seating. (Section-by-Section Analysis)
For example, a public accommodation could have in place a system whereby accessible seating that was released because it was not purchased by individuals with disabilities is not in the...
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§ 36.303(d)(2)
(2) A public accommodation that offers a customer, client, patient, or participant the opportunity to make outgoing telephone calls using the public accommodation's equipment on more than...
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Compliance Dates
Compliance Dates On or after March 15, 2012 All newly constructed or altered facilities of public entities and public accommodations, including pools, must comply with the 2010 Standards...
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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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§ 36.406(f)(2)
When wheelchair seating locations are not required to accommodate people who use wheelchairs, individual, removable seats may be placed in those spaces; ...
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11B-224.7.2 Multi-bedroom housing units with adaptable features
of Education, and ADA Title III §36.406(e) Standards for New Construction and Alterations; Housing at a Place of Education....
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The Basis for the 2010 ADA Standards Pocket Guide
Learn the basis of the 2010 ADA Standards Pocket Guide
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Scope of coverage. (Section-by-Section Analysis)
If the golf course is for the exclusive use of club members and their guests, the golf course is not a public accommodation covered by title III. ...
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City of Pittsburgh One Step Program
However, the Americans with Disabilities Act, which was passed in 1990 and took effect in January 1992, promises the user a right of safe entry to places of public accommodation....
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Programs, Services, and Activities
Programs, Services, and Activities Public entities may provide a wide range of programs, services, and activities....
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§ 35.151(g)(2)
When wheelchair seating locations are not required to accommodate people who use wheelchairs, individual, readily removable seats may be placed in those spaces;...
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REDUCTION OF ACCESSIBLE ELEMENTS
FIND IT IN THE REGULATIONS State and Local Governments: §35.133 (c) maintenance of accessible features Places of Public Accommodation: §36.211 (c) maintenance of accessible features...
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18) Elevators and platform lifts in new construction and alterations
18) Elevators and platform lifts in new construction and alterations ADAAG: The elevator exemption for two-story places of public accommodation or commercial facilities does not apply...
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Alterations: ADA Standard Section 202.3
Section 202.3 covers the most current requirements for alterations in existing building and facilities.
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Section 36.306 Personal Devices and Services (Section-By-Section Analysis and Response to Comments)
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...
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Ticket transfer. (Section-by-Section Analysis)
tickets or other multi-event ticket packages with friends, colleagues, or other spectators to make the purchase of season tickets affordable; individuals with disabilities should not be placed...
