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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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
106.5.71 Transient Lodging
A building or facility containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature....
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State and Local Documents > State Technical Assistance > CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"
13. I do not need to fix it because I will help a disabled person get around barriers in my facility.
While it is good business practice to provide assistance to all your customers, and you are required to provide reasonable accommodations to people with disabilities, assisting individuals...
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Research and History > Research Documents > Characteristics of Emerging Road and Trail Users and Their Safety
Bike Lane Width
The AASHTO Guide for the Development of Bicycle Facilities (p. 22) recommends a minimum width for bike lanes of 1.2 m (4 ft).(2) While this dimension appears to be adequate to accommodate...
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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)
§1630.14(b)(3)
or inquiry, the exclusionary criteria must be job-related and consistent with business necessity, and performance of the essential job functions cannot be accomplished with reasonable accommodation...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.201(c)
without a rest stop, and a passenger with a disability who is unable to use the inaccessible restroom requests an unscheduled rest stop, the operator shall make a good faith effort to accommodate...
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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)
§35.150(b)(1)
A public entity may comply with the requirements of this section through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-221.2.3.1 Horizontal dispersion
If the row length in the 2nd and 3rd quartile of a row is insufficient to accommodate the required number of companion seats and wheelchair spaces, the additional companion seats and wheelchair...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-103 Equivalent facilitation
verify that the designs, products or technologies actually result in substantially equivalent or greater accessibility and usability for people with all disability types who would have been accommodated...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-405.2 Slope
To accommodate the widest range of users, provide ramps with the least possible running slope and, wherever possible, accompany ramps with stairs for use by those individuals for whom distance...
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Links > Nonprofit Organization
Accessing Arizona
For people vacationing in Arizona, or traveling through, it’s a great resource for locating wheelchair accessible places to visit. ...
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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)
"Disability.'' (Preamble, Section-by-Section Analysis)
The perception of the private entity or public accommodation is a key element of this test....
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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)
Disability (Section-By-Section Analysis and Response to Comments)
The perception of the private entity or public accommodation is a key element of this test....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
TABLE OF CONTENTS
Table of Contents
INTRODUCTION
Intent
Background
Safe Harbors
[ADA Title III] Appendix to §36.304(d) _|for Public Accommodations and Commercial Facilities; similar for Title...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
1.1.5 Referenced codes
The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and date of publication, hereby...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-8.5000 Designation of responsible employee and development of grievance procedures
A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and fulfill its responsibilities under title II, including...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.160(b)
(b) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities and their companions who are individuals with disabilities...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(c)(8)(A)
(A) require that a public entity submitting a plan to the Secretary under this section identify in the plan any person or other public entity which is providing a paratransit or other special...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.9(d)(3)(ii)
(ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT....
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor
Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor
In Sec. 35.151(b)(4)(ii)(C) of the NPRM, the Department included a provision that stated that public entities that have brought...
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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)
Section 35.151(b)(4)(ii)(C) Path of travel—safe harbor (Section-by-Section Analysis)
Section 35.151(b)(4)(ii)(C) Path of travel— safe harbor (Section-by-Section Analysis)
In § 35.151(b)(4)(ii)(C) of the NPRM, the Department included a provision that stated that public...
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Links > Travel/Recreation
New Horizons: Information for the Air Traveler with a Disability
About this Document
This guide is designed to offer travelers with disabilities a brief but authoritative source of information about the ACAA rule: the accommodations, facilities, and...
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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)
§382.41 What flight-related information must carriers provide to qualified individuals with a disability?
., because unpredictable circumstances such as weather or a mechanical problem require substitution of another aircraft that could affect the location or availability of an accommodation...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Track Crossing
The proposed rule required route surfaces to be level with the rail top, but permitted a 2 ½ inch gap at the inner edge of rails to accommodate wheel flanges (1003.2.7)....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
Transient Lodging
A building or facility containing one or more guest room(s) for sleeping that provides accommodations that are primarily short-term in nature....