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 > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 35.151(c) Accessibility standards for new construction and alterations
The full text of the 2010 Standards is available for public review on the ADA Home Page (http://www.ada.gov) and on the Access Board’s Web site (http://www.access-board.gov/gs.htm) (last...
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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)
Section 35.151(c) Accessibility standards for new construction and alterations (Section-by-Section Analysis)
The full text of the 2010 Standards is available for public review on the ADA Home Page (http://www.ada.gov) and on the Access Board's Web site (http://www.access-board.gov/gs.htm) (last...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Alterations to cells and program access. (Section-by-Section Analysis)
In light of the Supreme Court's decision in Yeskey and the requirements of title II, however, it is critical that public entities provide these opportunities. ...
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Federal Documents > Technical Assistance > A Guide to Disability Rights Laws
ADA Title I: Employment
It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or...
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Federal Documents > Technical Assistance > Section 508 of the Rehabilitation Act - Frequently Asked Questions
A.1. - What is Section 508?
requirements are separate from, but complementary to, requirements in Sections 501 and 504 of the Rehabilitation Act that require, among other things, that agencies provide reasonable accommodations...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Alterations to cells. (Section-by-Section Analysis)
The security concerns of detention and correctional facilities present challenges that do not exist in other government buildings, so the Department must strike a balance that accommodates...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
202.6.1
If the measures required to remove a barrier would not be readily achievable, a public accommodation may take other readily achievable measures to remove the barrier that do not fully comply...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title II Highlights (revised in 2008)
V. Integrated Programs
Public entities may not provide services or benefits to individuals with disabilities through programs that are separate or different, unless the separate programs are necessary to ensure...
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State and Local Documents > Codes and Standards > 2019 California Standards
3306.2 Walkways
A walkway shall be provided for pedestrian travel that leads from a building entrance or exit of an occupied structure to a public way....
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Federal Documents > Preamble to Regulations > 14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports - Preamble
Ticket Agent Web sites
First, the Department of Justice (DOJ) has jurisdiction to regulate travel services as service establishments that are public accommodations under title III of the ADA, and DOJ expects to...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLAIR COUNTY, PENNSYLVANIA
Obligations of The Department
to assist the County to meet its obligations under the ADA, the Department has provided the County with information from the Department’s November 2012 reviews of the County’s polling place...
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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)
Movie Theater (Section-by-Section Analysis)
The Department’s title III regulation makes clear that public accommodations that exhibit movies but are not movie theaters, such as museums and amusement parks, must provide effective communication...
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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)
"Readily achievable.'' (Preamble, Section-by-Section Analysis)
They asserted that providing a consolidated section blurred the distinction between the level of effort required by a public accommodation under the two standards....
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Federal Documents > Technical Assistance > ADA Guide for Small Towns
Part Three: Resources
A 9-page publication that compiles common problems with Title II compliance....
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Legal Documents > United States of America v. Franciscan St. James Health - Settlement Agreement
DEFINITIONS
deaf or hard of hearing and is a family member, friend, or associate of an individual seeking access to, or participating in, the goods, services, facilities, privileges, advantages, or accommodations...
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Additional Access Publications > Testimony of John L. Wodatch Before the Foreign Relations Committee Of the United States Senate
I. The Disabilities Convention and U.S. Disability Rights Law
The Help America Vote Act, as well as the Voting Accessibility for the Elderly and Handicapped Act of 1984, provide for an accessible electoral process, including accessible polling places...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.5 Physical Accessibility.
DOJ published its revised final regulations implementing the ADA for Title II (state and local government services) and Title III (public accommodations and commercial facilities) on September...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Section 504 of the Rehabilitation Act
Department of Transportation provides federal financial assistance to state and local governments for the development of transportation networks, including pedestrian facilities in the public...
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Legal Documents > United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement
TITLE III COVERAGE
Peapod is a public accommodation subject to Title III of the ADA. 42 U.S.C. § 12181(7); 28 C.F.R. § 36.104.
8....
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Products and Additional Resources > Products
Sargent 7 Line Lever Lock
A key-in-lever lock designed for standard duty commercial interior and exterior applications in public buildings, medical offices, hotels/motels and government facilities....
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Legal Documents > United States of America v. Humboldt County, California - Settlement Agreement
United States of America v. Humboldt County, California - Settlement Agreement
Press Release
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
HUMBOLDT...
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Legal Documents > United States of America v. Humboldt County, California - Consent Decree
United States of America v. Humboldt County, California - Consent Decree
Press Release
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
HUMBOLDT...
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Corada Voices > General Comments or Questions
Employee Work Area - Reasoning Behind Code?
By: Chris Witt
I understand how approach, entry & exit helps to facilitate future individual accommodations and provides access for non-employees who would not be covered under Title I (ie inspectors...
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Products and Additional Resources > Products
Pilot Rock FSDW-30 Campfire Ring
This campfire ring is designed to accommodate a person in a wheelchair, but all campers will find this fire ring a versatile complement to their campsite. ...