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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Additional Access Publications > Emergency Evacuation Preparedness: Taking Responsibility For Your Safety A Guide For People with Disabilities and Other Activity Limitations
References
Job Accommodation Network (2002). Searchable Online Accommodation Resource, (SOAR) Emergency Evacuation Devices, http://www.jan.wvu.edu/soar/motor/emergevac.html....
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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)
Miniature horses. (Section-by-Section Analysis)
The Department has been persuaded by commenters and the available research to include a provision that would require public accommodations to make reasonable modifications to policies, practices...
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
BURDENS OF PROOF
The "plaintiff/employee (to defeat a defendant/employer's motion for summary judgment) need only show that an 'accommodation' seems reasonable on its face, i.e., ordinarily or in the run...
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Federal Documents > Standards > 2010 ADA Standards
General: ADA Standard Section 207.1
Section 207.1 of the ADA Standards covers information on scoping requirements for accessible means of egress in the most current ADA Standards.
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Federal Documents > Standards > 2010 ADA Standards
Minimum Number: ADA Standard Section 208.2
Section 208.2 of the ADA Standards coversscoping requirements in the most current ADA Standards for the minimum number of parking spaces required.
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Federal Documents > Regulations > 24 CFR Part 8—Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development (with amendments issued through Dec. 2007)
§8.11(a)
(a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant with handicaps or employee with handicaps, unless the...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.12(a)
(a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the recipient can demonstrate...
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Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
6. Do Title II and Section 504 apply to private contractors of child welfare agencies and courts?
. §§ 84.3(h); 84.4(b)(1), (4).
66 Private entities involved in child welfare activities may also be public accommodations with their own nondiscrimination obligations under Title III...
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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)
"Undue burden.'' (Preamble, Section-by-Section Analysis)
However, "readily achievable'' is a lower standard than "undue burden'' in that it requires a lower level of effort on the part of the public accommodation (see Education and Labor report...
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Federal Documents > Technical Assistance > ADA Requirements - Testing Accommodations
What Kinds Of Tests Are Covered?
entity related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes are covered by the ADA and testing accommodations...
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State and Local Documents > Regulations > 36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
Executive Order 13132 (Federalism)
The ADA requires facilities constructed or altered by state and local governments, and public accommodations and commercial facilities constructed or altered by private entities to be readily...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
106.5.45 Primary Function
the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public...
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Legal Documents > United States of America v. Hilton Worldwide Inc. - Consent Decree
26. WEBSITES
If, during the term of this Consent Decree, the United States Department of Justice issues regulations setting standards for the accessibility of websites of public accommodations after...
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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)
Undue burden (Section-By-Section Analysis and Response to Comments)
However, "readily achievable'' is a lower standard than "undue burden'' in that it requires a lower level of effort on the part of the public accommodation (see Education and Labor report...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Individual with a Disability
This concept is more important in employment and public accommodations contexts than it is in transportation, and is discussed at greater length in the DOJ and EEOC rules....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-217.4.1 Bank requirement
Where four or more public pay telephones are provided at a bank of telephones, at least one public TTY complying with Section 11B-704.4 shall be provided at that bank....
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State and Local Documents > Codes and Standards > 2019 California Standards
1134A.7 Water closets
Where the water closet is not placed adjacent to a side wall capable of accommodating a grab bar, the bathroom shall have provisions for installation of floor-mounted, foldaway or similar...
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Products and Additional Resources > Products
Spectrum Aquatics Gallatin Water Powered Assisted Access Lift
The Gallatin water powered assisted access lift is designed to accommodate both in-ground pools and spas without customization....
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Products and Additional Resources > Products
LS-80 Basic Stationary IR System
It can accommodate four (4) listeners....
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Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.11 Administration of Tests
An employer may also be required, as a reasonable accommodation, to allow more time to complete the test....
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Additional Access Publications > A Guide to Planning Accessible Meetings
How To Use This Guide
This online guide is an update from a print publication issued in 1993....
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Additional Access Publications > Small Business and ADA Readily Achievable Requirements - A Factsheet from the ADA National Network
Examples of meeting your “access to goods and services” obligation when physical barrier removal is not readily achievable
In other cases, it may be possible to place an order by telephone or online and have a clerk bring the order to the customer outside the restaurant....
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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)
Section 36.308 Seating in Assembly Areas (Preamble, Section-by-Section Analysis)
In these situations, the final rule retains the requirement that the public accommodation provide portable chairs or other means to allow the accompanying individuals to sit with the persons...
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Federal Documents > Technical Assistance > ADA Guide for Small Towns
A) Accessible Parking
In new construction and in alterations, accessible parking must be provided whenever public parking is provided....