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 > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.9(d)(1)(i)(B)
(B) With respect to airport facilities, an entity that is an airport operator subject to the requirements of 49 CFR part 27 or regulations implementing the Americans with Disabilities Act...
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State and Local Documents > Codes and Standards > 2019 California Standards
2019 California Standards for Accessible Design Guide (effective January 1, 2020)
Including selected excerpts from the Americans with Disabilities Act and Safe Harbor criteria
Effective January 1, 2020
Version 1.0
COMPILED and © 2019 by EVAN TERRY ASSOCIATES,...
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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)
Identification of accessible features in hotels and guest rooms. (Section-by-Section Analysis)
Individuals with disabilities strongly supported this requirement....
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Legal Documents > United States of America v. Quiktrip Corporation - Consent Decree
EXHIBIT F ADA Maintenance Checklist
CUSTOMER ENTRANCE
The customer entrance must be easy for customers with disabilities to approach and enter....
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
A. Final Regulatory Assessment (EO 13563 and EO 12866)
Although the MDE Standards do not have legal effect until adopted (in whole or in part) by an enforcing authority, they can advance accessibility to medical services for persons with disabilities...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Alterations to cells. (Section-by-Section Analysis)
Many expressed support for this option because it would allow individuals with disabilities to remain close to their families. ...
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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)
Ticket sales. (Section-by-Section Analysis)
In the NPRM, the Department proposed, in § 36.302(f)(1), a general rule that a public accommodation shall modify its policies, practices, or procedures to ensure that individuals 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)
Two-tiered definitional approach. (Section-by-Section Analysis)
Nearly every disability advocacy group said that the Department's two-tiered approach strikes the proper balance between ensuring access for individuals with disabilities and addressing...
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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)
Ticket sales. (Section-by-Section Analysis)
In the NPRM, the Department proposed, in § 35.138(a), a general rule that a public entity shall modify its policies, practices, or procedures to ensure that individuals with disabilities...
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Links > State Department or Agency
Division of the State Architect and Department of Rehabilitation-Disability Community Access Code Issues Teleconference Transcript, August 10, 2016
The link below is to the Transcript of the Disability Community Access Code Issues Teleconference presented by the Division of the State Architect and Department of Rehabilitation on August...
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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)
Assessment factors. (Section-by-Section Analysis)
that the device is being used for a mobility disability, including a verbal representation by the person with a disability that is not contradicted by observable fact, or the presentation...
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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)
§ 36.201(a) Prohibition of discrimination.
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.309(a) General
certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1630.1(c)(2)
and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
ACCESSIBLE ELEMENT
An ACCESSIBLE ELEMENT can include a room, area, route, feature or device which provides accessibility for persons with disabilities.◼...
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Federal Documents > Technical Assistance > Accessible Information Exchange: Meeting on a Level Playing Field
Registration Table
Registration Table: If a table for registration and handouts is provided, make sure that people with mobility disabilities can approach it and turn around easily to move away again....
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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)
§382.51(b)
(b) As a carrier, you must ensure that passengers with a disability can readily use all terminal facilities you own, lease, or control at a foreign airport....
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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
“Americans” in the title of the ADA
Rather, the ADA protects all qualified individuals with disabilities, regardless of their citizenship status or nationality, from discrimination by a covered entity....
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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)
§382.83(a)(1)(iii)
(iii) If a passenger with a disability specified in §382.81 does not make a request at least 24 hours before the scheduled departure of the flight, you must meet the passenger's request...
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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)
§382.83(a)(1)(ii)
(ii) At any time up until 24 hours before the scheduled departure of the flight, you must assign a seat meeting the requirements of this section to a passenger with a disability meeting...
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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)
§382.83(a)(2)(iv)
(iv) If a passenger with a disability listed in §382.81 does not check in at least an hour before the standard check-in time for the general public, you must meet the individual's request...
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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
Section 8 References
Disability and Rehabilitation: Assistive Technology, January 2012; 7(1): 20–29, p. 28...
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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
What accessibility requirements apply to EV charger installation outside of California?
RESPONSE: To the extent that EVCS are a public accommodation or commercial facility they are covered by the federal law of the Americans with Disabilities Act....
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Additional Access Publications > Common Errors in ADA Design
Common Errors in ADA Design
Evan Terry Associates, P.C. concentrates a significant portion of its resources to the study and application of the facilities and program access requirements of the Americans with Disabilities...