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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State and Local Documents > Codes and Standards > 2022 California Standards
11B-810.6.1 Entrances
Where signs identify a station or its entrance, at least one sign at each entrance shall comply with Section 11B-703.2 and shall be placed in uniform locations to the maximum extent practicable...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Negotiations Between the Senate and the White House
The breakthrough compromise, which facilitated agreement on other issues, was essentially a swap concerning public accommodations and remedies....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12206(e) Failure to Receive Assistance
--An employer, public accommodation, or other entity covered under this Act shall not be excused from compliance with the requirements of this Act because of any failure to receive technical...
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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)(6)(ii)
(ii) A public accommodation may use open movie captioning as an alternative to complying with the requirements specified in paragraph (g)(3) of this section, either by providing open movie...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12206(e) Failure to receive assistance
(e) Failure to receive assistance
An employer, public accommodation, or other entity covered under this chapter shall not be excused from compliance with the requirements of this chapter...
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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)(6)(ii)
(ii) A public accommodation may use open movie captioning as an alternative to complying with the requirements specified in paragraph (g)(3) of this section, either by providing open movie...
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Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
INTRODUCTION
The Job Accommodation Network (JAN) continues to receive calls from employers requesting information about their legal obligation to develop emergency evacuation plans and how to include...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
Introduction
Title III Technical Assistance Manual
Covering Public Accommodations and Commercial Facilities
Introduction
This technical assistance manual addresses the requirements of title...
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.130 General Prohibitions Against Discrimination
For example, it may constitute an undue burden for a public accommodation, which provides a full-time interpreter in its special guided tour for individuals with hearing impairments, 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 (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
Identification of accessible features in hotels and guest rooms. (Section-by-Section Analysis)
NPRM § 36.302(e)(2) required public accommodations that provide hotel reservations services to identify and describe the accessible features in the hotels and guest rooms offered through...
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Webinars, Videos, and Training > Using Corada > Frequently Asked Questions (FAQS) about Corada
FAQ: Why was Corada created?
Corada was built with the following goals in mind:
To accumulate a rich database of all types of useful information related to accessibility into one place
To make it as...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Table of Contents
Public Accommodations and Commercial Facilities: Guidance on the Revisions to 28 CFR part 36, subpart D
4....
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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)
Identification of available accessible seating. (Section-by-Section Analysis)
requires a facility to identify available accessible seating through seating maps, brochures, or other methods if that information is made available about other seats sold to the general public...
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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)
§ 36.308(c)(2) Group ticket purchases
To the extent possible, a public accommodation in assembly areas shall permit wheelchair users to purchase companion tickets on the same terms that tickets are made available to other members...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-812 Electric vehicle charging stations
could be made, based on the general obligation for governments to make their services, programs or activities available to individuals with disabilities [ADA Title II §35.130], and for 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 (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
Section 36.406(f) Assembly Areas (Section-by-Section Analysis)
This rule, which is designed to prevent a public accommodation from placing wheelchair spaces and companion seats on one side of the facility only, is consistent with the Department's enforcement...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
Intent
Its primary focus is 2016 California Building Code (2016 CBC) Chapter 11B - Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing, but it includes...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.163(e)
(e) If there is no spare vehicle available to take the place of a vehicle with an inoperable lift, such that taking the vehicle out of service will reduce the transportation service the...
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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.36.301(c) Charges
A public accommodation may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision...
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
What is the ADA?
It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications....
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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)
§ 36.301(c) Charges
A public accommodation may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision...
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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)
Structural Impracticability (Preamble, Section-by-Section Analysis)
Guidance on this question is provided in the discussion of the definitions of place of public accommodation and commercial facility....
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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)
Structural Impracticability (Section-By-Section Analysis and Response to Comments)
Guidance on this question is provided in the discussion of the definitions of place of public accommodation and commercial facility....
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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: Preamble (2008 Title III NPRM Preamble)
Swimming pools. (Section-by-Section Analysis)
The reduced scoping would apply to all existing public accommodations, regardless of size....