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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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)
Subpart B -- General Requirements (Preamble, Section-by-Section Analysis)
Subpart B -- General Requirements
Subpart B includes general prohibitions restricting a public accommodation from discriminating against people with disabilities by denying them the opportunity...
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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.36.304(d)(2)
as a result of compliance with the alterations requirements specified in paragraph (d)(1) of this section, the measures required to remove a barrier would not be readily achievable, a public...
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
M301.3.1 Transfer Supports (Section-by-Section Analysis)
There were no public comments and no recommendations by the MDE Advisory Committee on this provision....
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Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
V. Other Issues
The Department notes that § 36.211 of the title III regulation already requires that public accommodations “maintain in operable working condition those features of facilities and equipment...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
What’s the difference between the Air Carrier Access Act (ACAA) and the Americans with Disabilities Act (ADA)?
The ADA, signed into law after the ACAA in 1990 by then-President Bush, prohibits discrimination against individuals with disabilities in employment, public accommodations, commercial facilities...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
Alteration
An alteration is a change to a building or facility made by, on behalf of, or for the use of a public accommodation or commercial facility, that affects or could affect the usability of...
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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)
Subpart B -- General Requirements (Section-By-Section Analysis and Response to Comments)
Subpart B -- General Requirements (Section-by-Section Analysis)
Subpart B includes general prohibitions restricting a public accommodation from discriminating against people with disabilities...
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Federal Documents > Technical Assistance > Questions & Answers: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
Q8: Curb Ramp Replaced as Part of a Resurfacing Alteration and Adjacent Sidewalk
The Joint Technical Assistance addresses those requirements that are triggered when a public entity alters a roadway where the roadway intersects a street level pedestrian walkway (28 CFR...
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Federal Documents > Technical Assistance > ADA Mediation Program - Questions and Answers
3. What types of complaints does the ADA Mediation Program resolve?
Both title II (State and local government services) and title III (public accommodations) complaints can be mediated....
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State and Local Documents > State Technical Assistance > CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"
16. I will never hire a disabled person, so I don’t have to comply with any accessibility requirements.
In fact, this sort of thinking undermines the essential purpose of these laws that persons with disabilities have the opportunity to participate in all facets of public life and employment...
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Legal Documents > United States of America v. Associated Foot & Ankle Centers of Northern Virginia - Settlement Agreement
DEFINITIONS
The term “Patient” shall be broadly construed to include any individual who is seeking or receiving the goods, services, facilities, privileges, advantages, or accommodations of AFAC....
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Summary of significant issues raised by public comments in response to the NPRM Paperwork Reduction Act analysis and annual reporting burden estimate
Summary of significant issues raised by public comments in response to the NPRM Paperwork Reduction Act analysis and annual reporting burden estimate.
Comment....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-221.2.4 Temporary structures
Exception: When an entire seating section is placed on temporary platforms or other movable structures in an area where fixed seating is not provided, in order to increase seating for an...
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Issue 13: How can energy codes and LEED™ “Points” be made compatible with lighting design criteria that accommodate low vision persons?
A lot of transitional areas are public spaces or circulation areas, and the energy codes are restricting you to half a watt a square foot, so it’s very restrictive in terms of light levels...
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Additional Access Publications > Evan Terry Associates Barrier Management Systems
ADA Compliance Motivators & Strategies
Readily achievable barrier removal is only required in existing places of public accommodation. Sometimes the expenses are unjustified.
Expensive ? . . ....
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through July 2003)
§ 382.5 Qualified individual with a disability
or obtaining information about schedules, fares or policies, takes those actions necessary to avail himself or herself of facilities or services offered by an air carrier to the general public...
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Federal Documents > Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act) (with amendments issued through May 2016)
§382.3 Qualified individual with a disability
carrier, offers, or makes a good faith attempt to offer, to purchase or otherwise validly to obtain such a ticket;
(2) With respect to obtaining air transportation, or other services or accommodations...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
A4.31.9 Text Telephones
A public text telephone may be an integrated text telephone pay phone unit or a conventional portable text telephone that is permanently affixed within, or adjacent to, the telephone enclosure...
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Products and Additional Resources > Products
HEWI System Circum Handrails
Handrail System for Public Areas -The puristic design concept of System circum impresses through its high degree of functionality....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way; Shared Use Paths: Supplemental Notice of Proposed Rulemaking (SNPRM)
1. Executive Summary
The ADA covers state and local government facilities, places of public accommodation, and commercial facilities. See 42 U.S.C. 12101 et seq....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-707.4 Privacy
[From Part 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (as amended by the final rule published on September 15, 2010)]....
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
Rulemaking History
In order to encourage public participation in the development of the Department's rules under the ADA, the Department held four public hearings....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
Components (M303.4)
The height of the component and any adjustable feature would have to accommodate patients seated in a wheelchair....
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-8.7000 Technical assistance
The Department plans to provide technical assistance through publications, exhibits, videotapes and audiotapes, and public service announcements....