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.
-
Accessibility Specialists
Glenn Dea
In partnership with our clients, we help create better places to live, work, play, and learn....
-
Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
382.10 How does a U.S. or foreign carrier obtain a determination that it is providing an equivalent alternative to passengers with disabilities?
In the ACAA context, equivalent alternative can also refer to policies, practices, or other accommodations to passengers with disabilities....
-
Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
2.7 Existing ADA and Rehabilitation Act Requirements for Accessible Medical Care
Title II of the ADA (42 U.S.C. 12131 to 12165) applies to state and local governments, and Title III of the ADA (42 U.S.C. 12189 to 12189) applies to private entities that are public accommodations...
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Purchase of multiple tickets. (Section-by-Section Analysis)
There are various ways that covered entities can accommodate groups that require at least one wheelchair space. ...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.2(o)(3)
(3) To determine the appropriate reasonable accommodation it may be necessary for the covered entity to initiate an informal, interactive process with the qualified individual with a disability...
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-604.3.2 Overlap
As of the initial publication of this Guide, OSHPD has not updated CAN 2-11B for applicability to 2022 CBC....
-
Federal Documents > Technical Assistance > The ADA and City Governments: Common Problems
Issue: Curb Ramps
regular basis throughout the course of the transition plan and must reflect a priority to walkways serving government buildings and facilities, bus stops and other transportation services, places...
-
Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Visual Alarms
Many people who have photosensitive epilepsy and organizations representing them acknowledged that visual alarms are necessary in public use and common use areas but urged the Board to treat...
-
Federal Documents > Technical Assistance > Questions and Answers: Accessibility Requirements for Existing Swimming Pools at Hotels and Other Public Accommodations
2. What does the ADA require for accessibility of pools?
Title III of the ADA prohibits discrimination on the basis of disability by places of public accommodation, including many private businesses....
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.35 Supplemental Service for Other Transportation Modes
., those operating places of public accommodation) may operate similar systems, as when a cruise ship operator provides a shuttle or connector between an airport and the dock....
-
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
B. Executive Order 13132: Federalism
This rule applies to public accommodations that exhibit movies for a fee that are covered by title III of the ADA....
-
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)
Open movie captioning (Section-by-Section Analysis)
That section refers to “open movie captioning” in the much broader context of auxiliary aids and services that must be provided by the wide range of public accommodations subject to title...
-
Legal Documents > United States of America v. HRB Tax Group, Inc., H&R Block Tax Services LLC and HRB Advance LLC - Settlement Agreement
BACKGROUND
Pursuant to title III of the ADA, public accommodations must furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities...
-
Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
810.6.1 Entrances
Where signs identify a station or its entrance, at least one sign at each entrance shall comply with 703.2 and shall be placed in uniform locations to the maximum extent practicable....
-
State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
810.6.1 Entrances
Where signs identify a station or its entrance, at least one sign at each entrance shall comply with 703.2 and shall be placed in uniform locations to the maximum extent practicable....
-
Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.9(d)
Section 1630.9(d)
The purpose of this provision is to clarify that an employer or other covered entity may not compel an individual with a disability to accept an accommodation, where...
-
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)
"Service Animal" (Section-by-Section Analysis)
Section 36.302(c)(1) of the 1991 title III regulation requires that ‘‘[g]enerally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal...
-
Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
III. Plan Maintenance
To insure that accommodations continue to be effective, the evacuation plan should be practiced and accommodations updated periodically....
-
Links > Federal Department or Agency
How to File an ADA Complaint with the U.S. Department of Justice
You can file an Americans with Disabilities Act complaint alleging disability discrimination against a State or local government or a public accommodation (including, for example, a restaurant...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.5 Nondiscrimination
This is true even if the individual takes longer, or has more difficulty, than other persons in using the service for the general public....
-
Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
The Twin Pillars
of any place of public accommodation."11 This was in accordance with one of the central demands of the civil rights movement—equal access....
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.7 Evaluations, Discipline and Discharge
function without the accommodation, and should not be downgraded because such an accommodation is needed to perform the function....
-
Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
How can airline personnel help ensure that passengers with service animals are assigned and obtain appropriate seats on the aircraft?
Therefore, the following are not required in providing accommodations for users of service animals
Requiring another passenger to give up all or a most of the space in front of...
-
Federal Documents > Standards > 2010 ADA Standards
Terms Defined in Referenced Standards: ADA Standard Section 106.2
Section 106.2 of the ADA Standards covers information on the definitions of terms that are defined in Referenced Standards.