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 > 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)
Determining appropriate auxiliary aids. (Section-by-Section Analysis)
The type of auxiliary aid the public accommodation provides is dependent on which auxiliary aid is appropriate under the particular circumstances....
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Research and History > Regulations and Standards History > Americans with Disabilities Act 25th Anniversary Timeline - Disability & Employment
Publication of Final Regulations under the Americans with Disabilities Amendments Act of 2008
Publication of Final Regulations under the Americans with Disabilities Amendments Act of 2008
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3/25/2011
The final...
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Links > Publication
ADA Checklist: Health Care Facilities and Service Providers
The intended audience for this pamphlet is providers who operate professional offices and administrators of other facilities, such as hospitals and nursing homes, that are places of public...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADA Task Force Meeting Topics (Public Entity)
◼ ADA Task Force Meeting Topics (Public Entity) (12/00)
[Click here to view or download the PDF version of "ADA Task Force Meeting Topics" (12 KB PDF)]
Role of ADA Compliance Coordinator...
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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)
F214 Washing Machines and Clothes Dryers
Laundry equipment that is provided for use by employees as part of their housing, recreation, or other accommodation must be accessible because that equipment is not used by the employee...
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Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
2. The ADA Title III Regulation
The undue burden defense entails a fact-specific examination of the cost of a specific action and the specific circumstances of a particular public accommodation. ...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.59 Floor surfaces
Floor surfaces on aisles, places for standees, and areas where wheelchair and mobility aid users are to be accommodated shall be slip-resistant....
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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)
§ 36.311(b) Other power-driven mobility devices
A public accommodation shall make reasonable modifications in its policies, practices, and procedures to permit the use of other power-driven mobility devices by individuals with disabilities...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND MOUNTAIN STATES HEALTH ALLIANCE UNDER THE ADA
TITLE III COVERAGE AND FINDINGS
that operates places of public accommodation, including professional offices of health care providers and hospitals....
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Federal Documents > Technical Assistance > Access to Medical Care for Individuals with Mobility Disabilities
If I lease my medical office space, am I responsible for making sure the examination room, waiting room, and toilet rooms are accessible?
Any private entity that owns, leases or leases to, or operates a place of public accommodation is responsible for complying with Title III of the ADA....
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Legal Documents > ACCESS NOW, INC. v. AMBULATORY SURGERY CENTER GROUP, LTD.
B. The Release Includes State and Local Law Claims Which Are Not Addressed By The Agreements
For example, Florida law provides that disability discrimination by places of public accommodation gives rise to cause of action for "compensatory damages, including . . . mental anguish...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Safety Always Considered
Safety Always Considered
You should keep in mind that carriers are obligated to take the safety of all passengers into consideration when making decisions about accommodations for passengers...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-245.2 Application
When a public accommodation is located in a private residence, that portion used exclusively in the operation of the public accommodation or that portion used both for the public accommodation...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-245.2 Application
When a public accommodation is located in a private residence, that portion used exclusively in the operation of the public accommodation or that portion used both for the public accommodation...
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State and Local Documents > Codes and Standards > 2019 California Standards
SHOPPING CENTER (OR SHOPPING MALL)
For purposes of this section, places of public accommodation of the types listed in paragraph (5) of the definition of "place of public accommodation" in section 36.104 are considered sales...
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-707.1 General
Token collection devices that are designed to accommodate tokens which are perforated can allow a person to distinguish more readily between tokens and common coins....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-707.1 General
Token collection devices that are designed to accommodate tokens which are perforated can allow a person to distinguish more readily between tokens and common coins....
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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(h) Alternatives
If provision of a particular auxiliary aid or service by a public accommodation would result in a fundamental alteration in the nature of the 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 (1991 ADA Title III Regulations)
Sec.36.303(f) Alternatives
If provision of a particular auxiliary aid or service by a public accommodation would result in a fundamental alteration in the nature of the 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 - Movie Theaters; Movie Captioning and Audio Description Final Rule
2. Public Comments on the Initial Regulatory Assessment and Department Responses
As a result, the Department has updated these estimates in response to the public comments received....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
The ADA and Department of Justice Regulations
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 > 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 9, Accessible Transient Lodging (Section-By-Section Analysis and Response to Comments)
Section-By-Section Analysis and Response to Comments)
Section 9 addresses two types of transient lodging: hotels, motels, inns, boarding houses, dormitories, resorts, and other similar places...
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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 36.301 Eligibility Criteria (Preamble, Section-by-Section Analysis)
For example, public accommodations may not require that an individual with a disability be accompanied by an attendant....
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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 36.301 Eligibility Criteria (Section-By-Section Analysis and Response to Comments)
For example, public accommodations may not require that an individual with a disability be accompanied by an attendant....