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 > Title I Technical Assistance Manual
2. Accommodation in testing
This requirement applies the reasonable accommodation obligation to testing....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
3.11 Financial and Technical Assistance for Accommodations
3.11 Financial and Technical Assistance for 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 (1991 ADA Title III Regulations)
Sec.36.304(a) General
A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable...
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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)
§ 36.304(a) General
A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable...
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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 36.304 Removal of Barriers (Section-By-Section Analysis and Response to Comments)
of public accommodations covered by the ADA....
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Regulatory Support Documents > Analysis of Final Regulation > Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
23. Free appropriate public education
Under §104.33(a), a recipient is responsible for providing a free appropriate public education to each qualified handicapped person who is in the recipient's jurisdiction....
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Products and Additional Resources > Products
Inclusion Solutions Surveying Polling Places
Educational video on surveying polling place accessibility.
Educates the viewer on how to evaluate polling place accessibility....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Subtitle B: Public Transportation
The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak)....
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Legal Documents > SCOTT JOHNSON v. STARBUCKS CORPORATION - AMICUS BRIEF
SCOTT JOHNSON v. STARBUCKS CORPORATION - AMICUS BRIEF
DAVID L. ANDERSON (CABN 149604) United States Attorney
SARA WINSLOW (DCBN 457643) Chief, Civil Division
ELLEN LONDON (NYRN 4605671) Assistant United States Attorney
450...
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Products and Additional Resources > Products
Inclusion Solutions Deaf - Hard of Hearing Voting Communication Card
Simple guide for communicating with deaf or hard of hearing voters.
Reference guide for deaf and hard of hearing voters on election day.
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Federal Documents > Technical Assistance > Title III Technical Assistance Manual (with 1994 supplement)
III-4.4200 Readily achievable barrier removal
Public accommodations are required to remove barriers only when it is "readily achievable" to do so....
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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 > 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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Webinars, Videos, and Training > Spirit of the ADA
CBS 2 Chicago: Polling Place Accessibility
Requires the Registered User plan or above.
Login!
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
SPECIFIED PUBLIC TRANSPORTATION
[DSA-AC] Transportation by bus, rail or any other conveyance (other than by aircraft) provided by a private entity to the general public, with general or special service (including charter...
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State and Local Documents > Codes and Standards > 2019 California Standards
SPECIFIED PUBLIC TRANSPORTATION
[DSA-AC] Transportation by bus, rail, or any other conveyance (other than by aircraft) provided by a private entity to the general public, with general or special service (including charter...
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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 > 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 > 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 > 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....