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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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA DJ 205-67-11
Applicants
During the job application process, the City may describe the hiring process to applicants, and may ask applicants whether they will need a reasonable accommodation for the process (such...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VERO BEACH, FLORIDA DJ 205-18-16
Applicants
During the job application process, the City may describe the hiring process to applicants, and may ask applicants whether they will need a reasonable accommodation for the process (such...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PAROWAN, UTAH DJ # 205-77-1
Applicants
During the job application process, the City may describe the hiring process to applicants, and may ask applicants whether they will need a reasonable accommodation for the process (such...
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Federal Documents > Standards > 2010 ADA Standards
Clear Floor or Ground Space: ADA Standard Section 407.2.1.3
Section 407.2.1.3 covers the current ADA Standards for the clear floor or ground space at elevator call controls.
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-302.3 Openings
Elongated openings shall be placed so that the long dimension is perpendicular to the dominant direction of travel.
Advisory 11B-302.3 Openings....
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
4.3.3 Clear Floor Area
Thus, a “universal space” to accommodate 95% of the total population would be 860 mm x 1480 mm (34 in. x 58 in.)....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
“Priority” Seating Method
situations discussed above) that they are subject to being reassigned to another seat if necessary to provide a seating accommodation required under the law....
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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)
§382.85(b)
(b) On flights where advance seat assignments are not offered, you must provide seating accommodations under this section by allowing passengers to board the aircraft before other passengers...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12182(b)(2)(A)(ii)
failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-221.1 General
The companion seat is a conventional seat that accommodates a friend or companion. These seats must comply with Section 11B-221.3....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
201.1.1 Vertical accessibility
(2) Unoccupiable spaces, such as rooms, enclosed spaces and storage spaces that are not designed for human occupancy, for public accommodations or for work areas....
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Maximum Leave Policies
Maximum Leave Policies
The ADA requires that employers make exceptions to their policies, including leave policies, in order to provide a reasonable accommodation....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT
EMPLOYMENT
will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
2. State and Local Laws
State and Local Laws
The ADA does not override state or local laws designed to protect public health and safety, except where such laws conflict with ADA requirements....
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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 36.401 New Construction (Preamble, Section-by-Section Analysis)
The proposed rule stated that ‘‘any public accommodation or other private entity responsible for design and construction’’ must ensure that facilities conform to this requirement....
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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
C. Federal Appellate Case Law
Evaluating the statute's language, implementing regulation, and case law, the Harkins court reasoned that because a public accommodation has a duty to provide auxiliary aids and services...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
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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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
Ticket pricing. (Section-by-Section Analysis)
The proposed rule codifies the Department's longstanding policy that public accommodations cannot impose a surcharge for wheelchair spaces. ...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE VILLAGE OF RUIDOSO, NEW MEXICO DJ # 205-49-24
BACKGROUND
At that time, the Village’s Employment Application required public applicants to answer the following inquiry: “Can you perform all the essential functions of the job described in the job...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CHESAPEAKE REGARDING THE ACCESSIBILITY OF POLLING PLACES
Definitions
“Accessible on Election Day” means that a polling place is compliant with the 2010 ADA Standards for Accessible Design (“2010 Standards”) on Election Day, whether such compliance is...
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Products and Additional Resources > Products
BlueDAG Software and Mobile Application
BlueDAG’s integrated suite of tools simplifies and streamlines the ADA compliance tasks of both public and private entities....
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Products and Additional Resources > Products
Takeform Fusion Signage Miscellaneous Room Identification Type E.3
Signs include raised text and Braille and may accommodate multiple lines of text or pictogram....
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Products and Additional Resources > Products
Takeform Fusion Signage Miscellaneous Room Identification Type E.2
Signs include raised text and Braille and may accommodate multiple lines of text or pictogram....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.152(b)(2)(i)
(i) Should not place inmates or detainees with disabilities in inappropriate security classifications because no accessible cells or beds are available;...