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 > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.45(a) Housing provided by the recipient
the end of the transition period provided for in subpart C, such housing shall be available in sufficient quantity and variety so that the scope of handicapped students' choice of living accommodations...
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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)
§ 36.310(b) Barrier removal
A public accommodation subject to this section shall remove transportation barriers in existing vehicles and rail passenger cars used for transporting individuals (not including barriers...
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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.36.310(b) Barrier removal
A public accommodation subject to this section shall remove transportation barriers in existing vehicles and rail passenger cars used for transporting individuals (not including barriers...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.3 What Is a Reasonable Accommodation?
3.3 What Is a Reasonable Accommodation?...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
1.6.5 Designated Public Transportation.
1.6.5 Designated Public Transportation....
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Federal Documents > Regulations > 24 CFR Part 100—Discriminatory Conduct Under the Fair Housing Act (with amendments issued through Sept. 2016)
§100.201 Public use areas
Public use areas means interior or exterior rooms or spaces of a building that are made available to the general public....
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
1. Public Rights-of-Way
Public Rights-of-Way Guidelines are still under study by the Access Board, DOJ and DOT....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
1. Public Rights-of-Way
Public Rights-of-Way Guidelines are still under study by the Access Board, DOJ and DOT....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
1. Public Rights-of-Way
Public Rights-of-Way Guidelines are still under study by the Access Board, DOJ and DOT....
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State and Local Documents > Codes and Standards > 2019 California Standards
1. Public Rights-of-Way
Public Rights-of-Way Guidelines are still under study by the Access Board, DOJ and DOT....
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Links > Employment
Job Accommodation Network (JAN)
The Job Accommodation Network (JAN) is the leading source of free, expert, and confidential guidance on workplace accommodations and disability employment issues....
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Webinars, Videos, and Training > How to Install
Detectable Warning Systems, Inc. AlertCast® Cast-in-Place Detectable Warning installation Video
This is an installation video for the AlertCast® Cast-in-Place Detectable Warning system. ...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Drive-up Public Telephones
Drive-up Public Telephones....
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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)
Public Entrances (Preamble, Section-by-Section Analysis)
- Generally, at least 50% of public entrances to new buildings must be accessible, rather than all entrances, as would often have resulted from the proposed approach....
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Federal Documents > Technical Assistance > Guide to the ADA Standards
ADA Coverage of Housing
In the private sector, the ADA’s coverage of housing is limited to places of public accommodation, such as social service establishments and housing provided on or behalf a place of education...
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
§ 37.5(i) Public and private entity distinctions
(i) Public and private entity distinctions.—...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.5(i) Public and private entity distinctions
(i) Public and private entity distinctions.—...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
§301(7)(F)
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...
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
B. PUBLIC RIGHT-OF-WAY
PUBLIC RIGHT-OF-WAY
32....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.3 Specified public transportation
Specified public transportation means transportation by bus, rail, or any other conveyance (other than aircraft) provided by a private entity to the general public, with general or special...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
How to Use This Manual
Provides guidance on the obligation to make a "reasonable accommodation," including why reasonable accommodation is necessary for nondiscrimination and what is required....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
42. May an employer tell other employees that an individual is receiving a reasonable accommodation when employees ask questions about a coworker with a disability?
An employer may not disclose that an employee is receiving a reasonable accommodation because this usually amounts to a disclosure that the individual has a disability....
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Do requirements for “public entrances” apply only to those entrances used by the public?
No, scoping provisions for accessible public entrances are not limited to those used by the public....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
PART B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory [Subtitle B]