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 > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations (ANPRM)
C. Compliance issues
What resources and services are available to public accommodations and public entities to make their websites accessible?...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Federal Agencies
Department of Justice (DOJ)
The DOJ issues, enforces and provides technical assistance on the ADA regulations governing public accommodations and state and local government services....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
Section 37.3 Definitions
These devices must be accommodated on the same basis as wheelchairs....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
§ 35.160(b)(2)
accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place...
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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
A. Purpose of the Rule
.), which covers public accommodations and commercial facilities—including movie theaters....
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Pay Stations
However, under DOJ’s ADA regulations, policies or practices must be in place to accommodate persons with disabilities who are unable to use such devices....
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Federal Documents > Standards > 2010 ADA Standards
Existing Site Constraints: ADA Standard Section 206.7.5
Section 206.5.1 covers scoping requirements in the most current ADA Standards for the use of platform lifts due to existing site constraints.
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State and Local Documents > State Technical Assistance > Code Application Notice (CAN) 2-11B, 09-09-2014
ALTERATION
However, compliance with Chapter 11B is required if construction is performed in placing patient bedrooms in suspense or removing them from suspense....
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
The September 11, 2001 Wake-up Call
No matter what laws and public policies say, it's up to us as people with disabilities to individually and collectively prepare for disasters....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.4400 Continuing obligation
ILLUSTRATION 1: A 100-room hotel is removing barriers in guest accommodations....
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Is There a Usable Circulation Path?
A circulation path is considered a usable circulation path if it meets one of the following criteria:
A person with disabilities is able to travel unassisted through it to a public...
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Federal Documents > Technical Assistance > Frequently Asked Questions about Service Animals and the ADA
Q21. My city / college offers a voluntary registry program for people with disabilities who use service animals and provides a special tag identifying the dogs as service animals. Is this legal under the ADA?
Many communities maintain a voluntary registry that serves a public purpose, for example, to ensure that emergency staff know to look for service animals during an emergency evacuation process...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
A4.30.4 RAISED OR INDENTED CHARACTERS OR SYMBOLS
Signs with descriptive materials about public buildings, monuments, and objects of cultural interest can be raised or incised letters....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Ticket prices. (Section-by-Section Analysis)
Under this rule, for example, if a public entity has a 20,000- seat facility built in 1980 with inaccessible seating in the $20-price category, which is on the upper deck, and it chooses...
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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
What the Law Says
But ADA’s Titles I, II and III do require that employers, public services, and public accommodations and services operated by private entities modify their policies and procedures to include...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-813 Adult changing facilities
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 > Technical Assistance > DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
3. What does it mean for a public school district to give “primary consideration” to the request of the student with a disability when making the decision to provide a particular auxiliary aid or service?
The Title II regulations require that when a public school is deciding what types of auxiliary aids and services are necessary to ensure effective communication, it must give “primary consideration...
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.3100 General
A public accommodation is required to provide auxiliary aids and services that are necessary to ensure equal access to the goods, services, facilities, privileges, or accommodations that...
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Additional Access Publications > National Endowment for the Arts ADA Tip Sheet
TICKETING
FIND IT IN THE REGULATIONS
State and Local Governments: §35.138 ticketing
Places of Public Accommodation: §36.302 (f) ticketing...
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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)
Comfort animals. (Section-by-Section Analysis)
Comfort animals are also used by individuals without any type of impairment who claim the need for such animals in order to bring their pets into places of public accommodation....
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Federal Documents > Technical Assistance > Resolving ADA Complaints Through Mediation: An Overview
Mediation and the ADA
Complaints under both title II (State and local government services) and title III (public accommodations) can be mediated....
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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)
§ 36.208(b)
(b) In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment...