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)
Two-tiered definitional approach. (Section-by-Section Analysis)
Commenters nearly universally said that wheelchairs always should be accommodated and that they should never be subject to an assessment with regard to their admission to a particular public...
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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.36.308(a)(1)
(1) To the extent that it is readily achievable, a public accommodation in assembly areas shall --...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-813.2.12 Signs
Where the commercial place of public amusement has a central directory, the central directory shall indicate the location of adult changing facilities....
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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.36.205 Association
A public accommodation shall not exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because...
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Legal Documents > United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement
BACKGROUND
. §§ 12181-12189, to determine whether individuals with disabilities have full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations offered...
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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
24.1 Q. What types of grab bars should the reinforcement be designed to accommodate and what types may be used if the builder elects to install grab bars in some units at the time of construction?
The Guidelines only state that the necessary reinforcement must be placed so as to permit later installation of appropriate grab bars. (Emphasis added.)...
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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)
§ 36.303(d)(1)(iii)
(iii) This part does not require a public accommodation to use public telephones equipped with volume control mechanisms, hearing aid compatible telephones, or TTYs for receiving or making...
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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)
§ 36.302(c)(5)
A public accommodation is not responsible for the care or supervision of a service animal....
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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)
§ 36.102(b)(3)
(3) The requirements of subpart D of this part obligate a public accommodation only with respect to –...
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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.36.102(b)(3)
(3) The requirements of subpart D of this part obligate a public accommodation only with respect to --...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-245.1 General
Public accommodations located in private residences shall comply with Section 11B-245....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-245.1 General
Public accommodations located in private residences shall comply with Section 11B-245....
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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
§ 36.303(g)(1)(vii) Movie theater
(vii) Movie theater means a facility, other than a drive-in theater, that is owned, leased by, leased to, or operated by a public accommodation and that contains one or more auditoriums...
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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(g)(1)(vii) Movie theater
(vii) Movie theater means a facility, other than a drive-in theater, that is owned, leased by, leased to, or operated by a public accommodation and that contains one or more auditoriums...
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Products and Additional Resources > Products
Ultratech Shelf-Top TTY
Designed for public use, the Public TTY makes TTY calls from pay phones and public facilities easy and reliable. There are several different models for both indoor and outdoor use....
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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(c)(4)
(4) The ability of the public accommodation to stow the mobility device when not in use, if requested by the user....
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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)
§ 36.311(c)(2) Inquiry into use of other power-driven mobility device
A public accommodation may ask a person using an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person's disability...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title III Highlights
V. Modifications in Policies, Practices, and Procedures
A public accommodation must make reasonable modifications in its policies, practices, and procedures in order to accommodate individuals with disabilities....
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Federal Documents > Standards > 2010 ADA Standards
TTYs: ADA Standard Section 217.4
Section 217.4 covers scoping requirements in the current ADA Standards for TTYs.
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.5 Nondiscrimination and Opportunity for Advancement
should not assume that an individual is not interested in, or not qualified for, advancement because of disability;
should not deny a promotion because of the need to make an accommodation...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.23(d)(2) Location and size
The securement system shall be placed as near to the accessible entrance as practicable and shall have a clear floor area of 30 inches by 48 inches....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-904.6 Security glazing
Where counters or teller windows have security glazing to separate personnel from the public, a method to facilitate voice communication shall be provided....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
1.9.1.2.2
1.9.1.2.2 Any sanitary facilities which are made available for the public, clients or employees in such accommodations or facilities....
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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)
§ 36.302(c)(5) Care or supervision of service animals
A public accommodation is not responsible for caring for or supervising a service animal....