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 (1991 ADA Title III Regulations)
Sec.36.204 Administrative methods.
A public accommodation shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration that have the effect of discriminating...
-
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)
Individual with a disability (Section-By-Section Analysis and Response to Comments)
"Individual with a disability'' means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public accommodation acts on the basis...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.3 Employment Agencies
It includes private and public employment agencies and other organizations, such as college placement services, that regularly procure employees for an employer....
-
Additional Access Publications > National Endowment for the Arts ADA Tip Sheet
SAFE HARBOR
FIND IT IN THE REGULATIONS
State and Local Governments: §35.150 (b)(2)(i) safe harbor
Places of Public Accommodation: §36.304 (d)(2)(i) safe harbor...
-
Federal Documents > Technical Assistance > ADA Business Connection: Maintaining Accessibility in Museums
Museum Investments in Access
The key to protecting these investments is maintaining the accessibility that has been put into place -- both the general features of a public accommodation and features and programs that...
-
Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Accessibility of Airport Facilities
[Sec. 382.55(c)]
1 Compliance with the requirements applying to places of public accommodation under Department of Justice (DOJ) regulations implementing Title III of the Americans...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLAIR COUNTY, PENNSYLVANIA
BACKGROUND
The County has 97 voting divisions, currently housed in 86 polling place locations. ...
-
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)
Relationship to Other Laws
The Department recognizes that public accommodations subject to title III of the ADA may also be subject to title I of the ADA, which prohibits discrimination on the basis of disability...
-
Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
What constitutes discrimination?
Discrimination is the failure to give a person with a disability the equal opportunity to use or enjoy the public accommodation’s goods, services, or facilities....
-
Federal Documents > Technical Assistance > ADA Requirements - Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
Overview
This publication is designed to help title II entities (State and local governments) and title III entities (businesses and non-profit organizations that serve the public) (together, "covered...
-
Legal Documents > United States of America v. Franciscan St. James Health - Settlement Agreement
INVESTIGATION AND FINDINGS
The Hospitals are “public accommodations” within the meaning of title III of the ADA, 42 U.S.C. § 12181(7)(F), and its implementing regulation at 28 C.F.R. § 36.104.
8....
-
Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Discrimination in Specific Public Transportation Services Provided by Private Entities
-
State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-224 TRANSIENT LODGING GUEST ROOMS, HOUSING AT A PLACE OF EDUCATION AND SOCIAL SERVICE CENTER ESTABLISHMENTS
-
Federal Documents > Standards > 1991 ADA Standards for Accessible Design
9.1 Hotels, Motels, Inns, Boarding Houses, Dormitories, Resorts and Other Similar Places of Transient Lodging
-
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)
Categorization of wheelchair versus other power-driven mobility devices. (Section-by-Section Analysis)
of wheelchairs or because they sympathized with concerns about individuals without mobility disabilities fraudulently bringing other power-driven mobility devices into places of public...
-
Legal Documents > United States of America v. Hilton Worldwide Inc. - Consent Decree
BACKGROUND
The United States states that HWI is a “public accommodation” within the meaning of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181(7)(A), and 28 C.F.R. §36.104...
-
Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
1. Location
Curb ramps must be placed to enable a person with a mobility disability to travel from a sidewalk on one side of the street, over or through any curbs or traffic islands, to the sidewalk...
-
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(f)(4) Notification of accessible seating locations
A public accommodation that sells or distributes tickets for seating at assembly areas shall, upon inquiry, inform spectators with disabilities and their companions of the locations of all...
-
Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Readily Achievable
Readily Achievable – the limitation on a public accommodation for the removal of architectural and communication barriers....
-
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)(4)(iv) Maximum number of tickets patrons may purchase exceeds four
If patrons are allowed to purchase more than four tickets, a public accommodation shall allow patrons with disabilities to purchase up to the same number of tickets, including the ticket...
-
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)
§ 36.508(c)
(c) Transportation services provided by public accommodations....
-
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.36.209(c)(1)
(1) This part does not prohibit a public accommodation from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that...
-
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)
§ 36.209(c)(1)
(1) This part does not prohibit a public accommodation from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that...
-
Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
APPENDIX II: Airline Management-Related Issues
., requirements to be implemented by management employees as opposed to personnel who deal with the traveling public, including passengers with a disability....