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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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
Captioning at sporting venues. (Section-by-Section Analysis)
The Department is aware that individuals who are deaf or hard of hearing have expressed concerns that they are unaware of information that is provided over the public address systems. ...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
10.2 Overview of Enforcement Provisions
Remedies for violations of Title I of the ADA include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness...
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
18 Inch Low Height
Edward Steinfeld, the principal author of the Analysis of Seat Height for Wheeled Mobility Devices, stated 17 inches is the best practice as it accommodates approximately 94% of individuals...
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Research and History > Research Documents > Independent Wheelchair Transfers in the Built Environment: How Transfer Setup Impacts Performance Phase 2: Final Report
Key Study findings:
A 104 inch wide by 55.5 inch deep clear floor space in front of the platform accommodated 100% of the study participants when considering all types of transfers evaluated in this study....
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Federal Documents > Technical Assistance > ADA Requirements - Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
Assessment Factors
Assessment Factors
In deciding whether a particular type of OPDMD can be accommodated in a particular facility, the following factors must be considered:
the type, size, weight,...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
Wheeled Mobility Anthropometry Project
2004 ADA and ABA Accessibility Guidelines for certain architectural features that involve transfers and that the dimensions for wheelchair spaces, including knee and toe clearance, do not accommodate...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F217.3 Volume Controls
All public telephones shall have volume controls complying with 704.3. [ECTCR UFAS 4.1.2(16)(b)]...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(a)(1)
(1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or...
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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)
§104.32(a)
(a) Undertake to identify and locate every qualified handicapped person residing in the recipient's jurisdiction who is not receiving a public education; and...
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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(d)(3)(i)
(i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities;...
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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(a)(2)
(2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12143(c)(8)(B)
(B) provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities....
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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(a)(1)
(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;...
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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)
Historic preservation programs
Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
E102.8.1 TIA 825-A
A Frequency Shift Keyed Modem for Use on the Public Switched Telephone Network, (2003), IBR proposed for Section 410.6.3.1....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
C102.8.1 TIA 825-A
A Frequency Shift Keyed Modem for Use on the Public Switched Telephone Network, (2003), IBR proposed for Section 410.6.3.1....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
7.1 General
In addition to the requirements of 4.1 to 4.35, the design of all areas used for business transactions with the public shall comply with 7....
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
7.1 GENERAL
In addition to the requirements of 4.1 to 4.33, the design of all areas used for business transactions with the public shall comply with 7....
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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)
§ 35.150(a)(1)
(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;...
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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)
Historic preservation programs
Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
§ 37.169(d)
(d) In determining whether to grant a requested modification, public entities shall be guided by the provisions of Appendix E to this Part....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
§ 37.169(c)
(c) Requests for modification of a public entity's policies and practices may be denied only on one or more of the following grounds:...
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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)
§ 35.150(a)(2)
(2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or...
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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)
§ 35.150(d)(3)(i)
(i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities;...