2010 ADA Definition
Disability: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
(1) The phrase physical or mental impairment means – (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; (ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism; (iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one´s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having an impairment means – (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a private entity as having such an impairment.
(5) The term disability does not include – (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
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Federal Documents > Technical Assistance > Solutions for Five Common ADA Access Problems at Polling Places
Voting Areas
These coverings can make it difficult to navigate and can easily become trip hazards for voters with disabilities and others....
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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)
§ 382.61 Training
used to accommodate passengers with a disability...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
"Service Animal" (Section-by-Section Analysis)
In order to qualify for coverage under title II, a person must be a "qualified individual with a disability," which is defined as "an individual with a disability who, with or without reasonable...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WOODLAKE
GENERAL AGREEMENT
III.          GENERAL AGREEMENT
The City shall not discriminate against qualified individuals on the basis of disability in violation of the ADA. 42 U.S.C. § 12112(a)....
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Legal Documents > United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement
EXHIBIT A
Peapod provides effective communication with persons with disabilities, and ensures that individuals with disabilities are not excluded from use of www.peapod.com and its online services...
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Service Animals
The task(s) performed by the dog must be directly related to the person’s disability....
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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)
Test C (Section-by-Section Analysis)
or not the person's physical or mental condition would be considered a disability under the first or second test in the definition....
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Links > State Department or Agency
California Capital Access Program (CalCAP) Americans With Disabilities Act (ADA) Financing Program
Designed to assist small businesses with financing the costs to alter or retrofit existing facilities to comply with the requirements of the federal Americans With Disabilities Act of 1990...
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Legal Documents > United States of America v. The International Spy Museum - Settlement Agreement
B. JURISDICTION
Under title III, the Museum must ensure that no individual with a disability is discriminated against on the basis of a disability in the full and equal enjoyment of the Museum's goods,...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Ticketing (Assembly areas, not parking.)
If a group includes one or more individuals who need to use accessible seating because of a mobility disability or because their disability requires the use of the accessible features that...
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State and Local Documents > Codes and Standards > 2022 California Standards
1.9.1.1 Application
Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:
Advisory 1.9.1.1 Application...
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State and Local Documents > Codes and Standards > 2025 California Standards
1.9.1.1 Application
Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:
Advisory 1.9.1.1 Application...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12211(b) Certain conditions
(b) Certain conditions
Under this chapter, the term "disability" shall not include...
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Federal Documents > Technical Assistance > ADA Compliance BRIEF: Restriping Parking Spaces (2015)
ADA Compliance BRIEF: Restriping Parking Spaces
Department of Justice
Civil Rights Division
Disability Rights Section...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.167(b)(2)
(2) The entity shall announce any stop on request of an individual with a disability....
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State and Local Documents > Codes and Standards > 2019 California Standards
ADULT CHANGING FACILITY
A facility that is for use by persons with disabilities who need assistance with personal hygiene....
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Building Support for S. 933
Persons with disabilities began writing letters urging their representatives to support the ADA....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
A. TITLE II OF THE ADA
TITLE II OF THE ADA
"Congress enacted the ADA in 1990 to remedy widespread discrimination against disabled individuals." PGA Tour, Inc. v. Martin, 532 U.S. 661, 674 (2001)....
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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
Notes
Notes
A As for persons without disabilities, individual patients with disabilities have their own set of health conditions, including coexisting diseases and health risk factors that...
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Federal Documents > Technical Assistance > An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities
SHELTERING
But many of these shelters have not been accessible to people with disabilities....
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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 35.160 Communications. (Section-by-Section Analysis)
, but to companions as well, if any of them are individuals with disabilities....
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Links > Publication
Best Practices for Accessible Prescription Drug Labeling Brochure
Access Board’s (http://www.access-board.gov) 18-member working group with representation of national disability organizations and industry groups representing retail, mail order, and independent...
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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)
§382.33(b)
(b) Restrictions you must not impose on passengers with a disability include, but are not limited to, the following:...
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Federal Documents > Technical Assistance > ADA/Section 504 Design Guide - Accessible Cells in Correction Facilities
All Furniture
All furniture placed in accessible cells for the use of inmates with disabilities needs to be accessible....