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 > 2025 California Standards
2. Passenger Vessels
In June of 2013, the Board released for public comment proposed guidelines for access to ferries, cruise ships, excursion boats, and other passenger vessels under the ADA....
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State and Local Documents > Codes and Standards > 2022 California Standards
2. Passenger Vessels
In June of 2013, the Board released for public comment proposed guidelines for access to ferries, cruise ships, excursion boats, and other passenger vessels under the ADA....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.137(d) Inquiry into use of power-driven mobility device
A public entity may ask a person using a power-driven mobility device if the mobility device is needed due to the person's disability. ...
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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)
§35.140(b)(2)
by the regulations of the Department of Justice in 28 CFR Part 41, as those requirements pertain to employment, apply to employment in any service, program, or activity conducted by a public...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
4.1.2(10)
(10) If toilet facilities are provided, then each public and common use toilet room shall comply with 4.22. Other toilet rooms shall be adaptable....
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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)
§ 35.140(b)(2)
by the regulations of the Department of Justice in 28 CFR part 41, as those requirements pertain to employment, apply to employment in any service, program, or activity conducted by a public...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
ACCESSIBLE MEANS OF EGRESS
A continuous and unobstructed way of egress travel from any accessible point in a building or facility to a public way.
[2010 ADAS] Accessible Means of Egress....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-221.1 General
The companion seat is a conventional seat that accommodates a friend or companion. These seats must comply with Section 11B-221.3....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
7.4 Nondiscrimination and Relationship or Association with an Individual with a Disability
However, an employer is not obligated to provide a reasonable accommodation to a nondisabled individual, because this person has a relationship or association with a disabled individual....
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Federal Documents > Technical Assistance > Commonly Asked Questions About the Americans with Disabilities Act and Law Enforcement
23. Q: What types of modifications in law enforcement policies, practices, and procedures does the ADA require?
There are many ways in which a police or sheriffs department might need to modify its normal practices to accommodate a person with a disability....
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Research and History > Research Documents > Best Practices in the Design of Toileting and Bathing Facilities for Assisted Transfers
Attachment: Interview Questions
Have you done anything in the design of the bathroom to accommodate people receiving personal assistance to transfer to the:
a) Toilet?
b) Shower?
c) Bathtub?
3....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-221.1 General
The companion seat is a conventional seat that accommodates a friend or companion. These seats must comply with Section 11B-221.3....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-221.1 General
The companion seat is a conventional seat that accommodates a friend or companion. These seats must comply with Section 11B-221.3....
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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
Section 1630.15(b) and (c) Disparate Impact Defenses
This is so because an interpreter could be provided as a reasonable accommodation that would allow the individual to be interviewed, and thus satisfy the selection criterion....
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
4. Passenger Information
We also asked about the issues that are raised if carriers are required to provide information on the limitation of the carriers’ codeshare partners to accommodate the use of respiratory...
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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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Legal Documents > UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER
III. DISCUSSION
Section 12147 of Title II regulates the accessibility obligations of public entities making alterations to public transit facilities like subway stations....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-8.1000 General
Title II requires that public entities take several steps designed to achieve compliance. These include the preparation of a self-evaluation....
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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)
Clearance
The minimum width of exterior routes on public streets and sidewalks will likely be revisited in supplementary guidelines specific to public rights-of-ways that the Board intends to develop...
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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.36.603(d)
A copy of the request and supporting materials will be available for public examination and copying at the offices of the Assistant Attorney General in Washington, DC....
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Are detectable warnings required on curb ramps or at hazardous vehicular areas?
Specifically, the curb ramp requirements apply only to public transportation facilities covered by DOT’s ADA Standards....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.3 Station
transportation, the portion of a property located appurtenant to a right of way on which intercity or commuter rail transportation is operated, where such portion is used by the general public...
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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)
§ 36.604(a)(1)
(1) Publish a notice in the Federal Register that advises the public of the preliminary determination of equivalency with respect to the particular code, and invite interested persons and...
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
FUNDAMENTAL ALTERATIONS AND UNDUE BURDENS {35.150}
FUNDAMENTAL ALTERATIONS AND UNDUE BURDENS {35.150}
Public entity has burden of proof for relief
Decision must be made by head of the public entity after considering all...