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 > Air Carrier Access Act Technical Assistance Manual (2005)
Seat “Blocking” Method
Seat “Blocking” Method
Carriers may “block” an adequate number of seats to provide the seating accommodations discussed above....
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Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
I. Plan Development
Plan development begins with identifying accommodation needs....
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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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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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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.152(b)(2)(ii)
(ii) Should not place inmates or detainees with disabilities in designated medical areas unless they are actually receiving medical care or treatment;...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
1.1.3.2, Item 5
Dairies and places of meat inspection regulated by the Department of Food and Agriculture. See Section 1.6 for additional scope provisions....
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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)
§ 35.152(b)(2)(ii)
(ii) Shall not place inmates or detainees with disabilities in designated medical areas unless they are actually receiving medical care or treatment;...
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Corada Voices > General Comments or Questions
Bus Shelter Benches
By: James Terry
The clear space within the shelter is required to accommodate wheelchair users....
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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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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
4.1.2(13)
In facilities with sleeping accommodations, the sleeping accommodations shall have an alarm system complying with 4.28.4....
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.9(d)
(d) An individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept....
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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)
§ 382.33 Advance notice requirements
individual with a disability to provide advance notice of his or her intention to travel or of his or her disability as a condition of receiving transportation or of receiving services or accommodations...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
Qualified Historic Building or Facility
A building or facility that is listed in or eligible for listing in the National Register of Historic Places or designated as historic under an appropriate State or local law....
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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)
R305.2.6 Boarding Platforms
At boarding platforms for buses and rail vehicles, detectable warning surfaces shall be placed at the boarding edge of the platform....
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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)(iii)
(iii) Should not place inmates or detainees with disabilities in facilities that do not offer the same programs as the facilities where they would ordinarily be housed; and...
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
§ 37.165(b)(2)
(2) The entity is not required to permit wheelchairs to ride in places other than designated securement locations in the vehicle, where such locations exist.
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Federal Documents > Regulations > 49 CFR Part 38 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
§ 38.111(b)(1)
Amend paragraph (b)(1) by removing the words “If physically and operationally practicable” and adding in their place the words “Unless structurally or operationally impracticable.”...