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)
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. ...
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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
CAL Green requires x number of EVSE per xxx number of spaces - each on its own 40 amp circuit. Some dual EVSE are on a single 40 amp circuit and split the 40 amp. Does this mean that half of those plugs don't comply with the required number?
RESPONSE: The California Green Code appears to require service panels, sub-panels, and raceway of sufficient capacity to accommodate 40 amp circuits rather than mandating one 40 amp circuit...
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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)
R407.2 Running Slope
Ramps with the least possible running slope accommodate the widest range of users....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12207(c)(1) In general
wilderness area by an individual whose disability requires use of a wheelchair, and consistent with the Wilderness Act no agency is required to provide any form of special treatment or accommodation...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12111(8) Qualified individual
(8) Qualified individual
The term "qualified individual" means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position...
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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)(1)
larger or heavier than those to which the design standards for vehicles and equipment of 49 CFR part 38 refer, the entity must carry the wheelchair and occupant if the lift and vehicle can accommodate...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.165(b)(1)
larger or heavier than those to which the design standards for vehicles and equipment of 49 CFR part 38 refer, the entity must carry the wheelchair and occupant if the lift and vehicle can accommodate...
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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
B. The 2010 Advance Notice of Proposed Rulemaking on Captioning and Video Description
In 2010, uncertain about the status of digital conversion, the availability of captioning and audio description technology, and financial setbacks to many public accommodations due to the...
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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)
Congressional Findings of Discrimination
(377 – 28) and in the Senate (91 – 6).10 Congress compiled an extensive record of the discrimination experienced by individuals with disabilities in critical areas such as employment, public...
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.4.3. Captioning Device Unit Costs
Average (All Technologies)
$727
Source: NATO, Statement of Position on RIN 1190-AA63, CRT Docket No. 126, Nondiscrimination on the Basis of Disability by Public...
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.2.1. Overview of NATO’s 2015 Accessibility Survey
Provide Audio Description
22,673
Source: NATO, 2015 Accessibility Survey on RIN 1190-AA63, CRT Docket No. 126, Nondiscrimination on the Basis of Disability by Public...
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.2. Baselines
distributed across the venue types in the primary analysis.
18 NATO, 2015 Accessibility Survey on RIN 1190-AA63, CRT Docket No. 126, Nondiscrimination on the Basis of Disability by Public...
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Webinars, Videos, and Training > Demonstrations by Persons with Disabilities
Home Escape Planning Message Presented in American Sign Language
Choose a meeting place outside your home where everyone in your home can meet after they escape from a fire....
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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)
§ 35.160(c)(3)
(3) A public entity shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual...
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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
Section 36.303(g)(3) Minimum Requirements for Captioning Devices
Thus, the proposed § 36.303(g)(2)(iii)(A) required that a movie theater maintain captioning devices for approximately 2-4 percent of all available seats and stated that: “a public accommodation...
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Research and History > Regulations and Standards History > Stabilized Engineered Wood Fiber for Accessible Playground Surfaces
Playground Study Site
Half the rock was placed using a skid-steer loader and the other half was placed manually using wheelbarrows. All the rock was shoveled and raked by hand to a uniform depth....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
PROGRAM ACCESSIBILITY {Subpart D}
PROGRAM ACCESSIBILITY {Subpart D}
“Except as otherwise provided for in (existing facilities), no qualified individual with a disability shall, because a public entity’s facilities are...
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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)
§ 35.108(f)(2)
(2) An individual is not “regarded as having such an impairment” if the public entity demonstrates that the impairment is, objectively, both “transitory” and “minor.”...