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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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)....
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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...
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State and Local Documents > Codes and Standards > 2025 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...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.3600 Limitations and alternatives
A public accommodation is not required to provide any auxiliary aid or service that would fundamentally alter the nature of the goods or services offered or that would result in an undue...
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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...
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Federal Documents > Technical Assistance > Questions and Answers: Accessibility Requirements for Existing Swimming Pools at Hotels and Other Public Accommodations
14. Do I have to leave my pool lift out at poolside when my pool is closed?
Pool lifts are required to be available only when the pool is open and available to the public....
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
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 > Technical Assistance > ADAAG Manual
Other Requirements [4.11.2]
(It also covers inclined stairway chairlifts, but this type of lift, if the chair is fixed in place, does not meet ADAAG requirements for a platform that accommodates wheelchairs)....
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
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 > 2012 Florida Accessibility Code
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)
§ 36.302(f)(8)(iii) Investigation of fraud
A public accommodation may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.16(e)(2)(ii)
(ii) Is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, where that risk cannot be eliminated by reasonable accommodation...
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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)(7)(i)
(i) A public accommodation must comply with the requirements in paragraphs (g)(2)-(6) of this section in its movie theaters that exhibit digital movies by June 2, 2018....
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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(c)(1)
(1) A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities and their companions...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.16(e)(2)(ii)
(ii) Is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, where that risk cannot be eliminated by reasonable accommodation...
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State and Local Documents > Codes and Standards > 2025 California Standards
Intent
the State Architect, but it includes and compares requirements of Americans with Disabilities Act Title II (Standards for State and Local Government Facilities), Title III (Standards for Public...
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State and Local Documents > Codes and Standards > 2022 California Standards
Intent
the State Architect, but it includes and compares requirements of Americans with Disabilities Act Title II (Standards for State and Local Government Facilities), Title III (Standards for Public...
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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....
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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 36.305 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....
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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...
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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 36.305 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....
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Federal Documents > Technical Assistance > Frequently Asked Questions about Service Animals and the ADA
Q6. Are service-animals-in-training considered service animals under the ADA?
Under the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws cover animals that are still in training....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
Section 35.152(b)(2) would require public entities to ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individual...