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 > Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA
When may an employer ask an employee a disability-related question or require an employee to submit to a medical examination?
Employers also may obtain medical information about an employee when the employee has requested a reasonable accommodation and his or her disability or need for accommodation is not obvious...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Wheelchairs
[Sec. 382.41(e)(1)]
• If the aircraft contains a closet or storage area of a size sufficient to accommodate a passenger’s folding, collapsible, or breakdown wheelchair, the carrier must...
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Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
1.3 Auditorium
1.3 "Auditorium" shall mean and refer to a room in a stadium-style movie theater that contains a single screen for the public exhibition of motion pictures and seating for members of...
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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)
§35.105(c)
(c) A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection...
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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)
§35.130(a)
) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
4.1.6(1)(e)(ii)
(ii) alterations to one or more exterior or interior public pay telephones occur in an existing building or facility with four or more public telephones with at least one in an interior...
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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)
§ 35.130(a)
) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.37(a)
(a) A private entity does not become subject to the requirements of this part for public entities, because it receives an operating subsidy from, is regulated by, or is granted a franchise...
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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)
§ 35.105(c)
(c) A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection...
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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)
(2) Public entities shall ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individuals....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.139(f)(1)
(1) Notice given of opportunity for public comment, the date(s) of completed public hearing(s), availability of the plan in accessible formats, outreach efforts, and consultation with persons...
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
810.6.2 Routes and Destinations
Signs covered by this requirement shall, to the maximum extent practicable, be placed in uniform locations within the system....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
703.3.2 Position
If text is multi-lined, braille shall be placed below the entire text....
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Federal Documents > Preamble to Regulations > 36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble
Section 1193.31 Accessibility and usability (Section-by-Section Analysis)
Several manufacturers suggested replacing "shall" with "should" throughout and placing all the requirements in an appendix, not in the guidelines.
Response....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-810.6.3 Station names
It is also important to place signs at intervals in the station where passengers in the vehicle will be able to see a sign when the vehicle is either stopped at the station or about to come...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
703.3.2 Position
If text is multi-lined, braille shall be placed below the entire text....
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Federal Documents > Technical Assistance > Outdoor Developed Areas: A Summary of Accessibility Standards for Federal Outdoor Developed Areas
Openings [1018.6]
Where possible, elongated openings should be placed perpendicular, or as close to perpendicular as possible, to the dominant direction of travel or outside of the clear width of the beach...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Text Telephones (TTY) or Telecommunications Devices for the Deaf (TDD):
A TTY may also be used to place a relay call to a party with a regular telephone. See Chapter 4, Section D....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-411.2.3.2 Car designation signs
Braille complying with Section 11B-703.3 shall be placed below the corresponding raised characters. Applied plates are acceptable if they are permanently fixed to the jamb....
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Research and History > Research Documents > National Trail Surfaces Study
Rotational Penetrometer
The Rotational Penetrometer, developed by Beneficial Designs, uses a wheelchair caster placed on a spring loaded caliber in a metal tripod frame which suspends the caster about 6 inches...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-810.6.3 Station names
It is also important to place signs at intervals in the station where passengers in the vehicle will be able to see a sign when the vehicle is either stopped at the station or about to come...
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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 36.209 Illegal Use of Drugs (Preamble, Section-by-Section Analysis)
Section 36.209 provides that the prohibitions on discrimination in this part do not apply when the public accommodation acts on the basis of current illegal use of drugs....
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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)
Section 36.209 Illegal Use of Drugs (Section-By-Section Analysis and Response to Comments)
Section 36.209 provides that the prohibitions on discrimination in this part do not apply when the public accommodation acts on the basis of current illegal use of drugs....
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
Retaliation
It is also unlawful for an employer to retaliate against someone for requesting a reasonable accommodation. ...