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.
-
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)(8) Notice
On or after January 17, 2017, whenever a public accommodation provides captioning and audio description in a movie theater auditorium exhibiting digital movies, it shall ensure that all...
-
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(f)(5)(iii)(A) Series-of-events tickets sell-out when no ownership rights are attached
When series-of-events tickets are sold out and a public accommodation releases and sells accessible seating to individuals without disabilities for a series of events, the 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)
Section 36.311 Mobility Devices (Section-by-Section Analysis)
Section 36.311 Mobility Devices (Section-by-Section Analysis)
Section 36.311 of the NPRM clarified the scope and circumstances under which covered entities are legally obligated to accommodate...
-
Federal Documents > Technical Assistance > Revised ADA Requirements: Effective and Compliance Date
Title III: Readily Achievable Barrier Removal
From September 15, 2010, to March 15, 2012, if the elements in a business serving the public (public accommodation) do not comply with the requirements for those elements in the 1991 Standards...
-
Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
‘‘Qualified individual with a disability.’’
For example, most public entities provide information about their operations as a public service to anyone who requests it....
-
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)(1)
(1) The requirements of this part applicable to public accommodations are set forth insubparts [sic] B, C, and D of this part....
-
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(c)(2) Care or supervision of service animals
Nothing in this part requires a public accommodation to supervise or care for a service animal....
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-221.6 Semi-ambulant seats
performance area;
3) Wheelchair spaces and companion seats are not located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed...
-
Federal Documents > Technical Assistance > Questions and Answers: Transportation Services for Individuals with Disabilities
Question: What are the obligations of a public entity receiving federal financial assistance that owns and controls track through a station?
When such a track is owned and controlled by a public entity receiving Federal financial assistance, such as Amtrack, a commuter authority, or a state or local agency, the recipient's obligation...
-
Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(d)(1)(ii) and 36.105(d)(1)(ii)—Primary Object of ADA Cases
Public Law 110–325, sec. 2(b)(5)....
-
State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
Resort Condominium
time-share plan which is rented more than three times a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public...
-
Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-4.2000 Relationship among title II and other Federal laws that prohibit employment discrimination by public entities on the basis of disability
II−4.2000 Relationship among title II and other Federal laws that prohibit employment discrimination by public entities on the basis of disability....
-
Links > Federal Department or Agency
Understanding How to Accommodate Service Animals in Healthcare Facilities Fact Sheet
Many people, including health care professionals and other service providers, may be unsure of statutory requirements when interacting with an individual with a disability using a...
-
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)(2)(ii)
(ii) This part does not require a public accommodation to use a TTY for receiving or making telephone calls incident to its operations.
* * * * *...
-
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 36.403 Alterations: Path of Travel (Section-by-Section Analysis)
These commenters argued that if a public accommodation already is in the process of altering its facility, there should be a legal requirement that individuals with disabilities are entitled...
-
Research and History > Committee Reports > Access for All: Five Years of Progress - A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
VII. APPENDIX: OTHER SOURCES OF INFORMATION
Information on accessible transportation
800-659-6428 (voice/relay)
Internet address
http://projectaction.easterseals.com
The Job Accommodation Network (JAN...
-
Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
1.2 Legal Requirements.
This rule was issued by the DOT.
1.2.1.3.3 Title III - Places of Public Accommodation by Private Entities, 28 CFR part 36.
TThis rule was issued by DOJ....
-
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 36.213 Relationship of Subpart 8 to Subparts C and D (Preamble, Section-by-Section Analysis)
One illustration of this principle is its application to the obligation of a public accommodation to provide access to services by removal of architectural barriers or by alternatives to...
-
Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-3.4200 Right to participate in the regular program
Even if a separate or special program for individuals with disabilities is offered, a public accommodation cannot deny an individual with a disability participation in its regular program...
-
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 36.213 Relationship of Subpart 8 to Subparts C and D (Section-By-Section Analysis and Response to Comments)
One illustration of this principle is its application to the obligation of a public accommodation to provide access to services by removal of architectural barriers or by alternatives to...
-
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 36.305 Effective Date (Preamble, Section-by-Section Analysis)
Section 36.508 sets forth all of these exceptions in one place.
Paragraph (b) contains the rule on civil actions....
-
Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.1400 Surcharges
Although compliance may result in some additional cost, a public accommodation may not place a surcharge only on particular individuals with disabilities or groups of individuals with disabilities...
-
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 36.305 Effective Date (Section-By-Section Analysis and Response to Comments)
Section 36.508 sets forth all of these exceptions in one place.
Paragraph (b) contains the rule on civil actions....
-
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 36.304 Removal of Barriers (Section-by-Section Analysis)
To the extent that it is readily achievable to do so, public accommodations must comply with the requirement for alterations by following the accessibility standards in Appendix A of the...