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
206.2.1 Site Arrival Points
At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation...
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Links > State Department or Agency
Fulton County, GA Self Evaluation Report
Interviews, surveys completed by departments, and a review of documents showed that the County has in place several policies and procedures intended to facilitate services to people with...
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Federal Documents > Standards > 2010 ADA Standards
Approach: ADA Standard Section 604.8.1.3
Section 604.8.1.3 covers the current ADA Standards for the arrangement of toilet compartments to provide for left or right-handed approach to the water closet.
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Federal Documents > Standards > 2010 ADA Standards
Minimum Number: ADA Standard Section 239.2
Section 239.2 covers scoping requirements in the current ADA Standards for the minimum number of miniature golf course holes that are required to be accessible.
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Play areas. (Section-by-Section Analysis)
In situations where a public entity provides the services of one program at multiple sites (e.g., a town with ten parks), the public entity would focus on whether the number and location...
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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)
§382.29(b)(4)
If the passenger fails to meet this notice requirement, however, you must still accommodate him or her to the extent practicable....
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Federal Documents > Technical Assistance > Outdoor Developed Areas: A Summary of Accessibility Standards for Federal Outdoor Developed Areas
Clear Ground Space [1013.2]
The surface of the clear ground space must be firm and stable, but must also accommodate the use of tent stakes or other devices to secure the tent....
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Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
B. Communication Rooms
(Note: In addition to 9.1.2 rooms, the rooms required by Table 9.1.3 must have auxiliary visual alarms, notification devices and telephone accommodations.)...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
The carrier must designate priority stowage space for at least one wheelchair in the closet or other stowage area
If there is a closet or other approved stowage area for passengers’ carry-on items of sufficient size to accommodate a folding, collapsible, or break-down wheelchair, the carrier must...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
How come some passengers with service animals avoid the bulkhead row?
For this reason, when DOT amended part 382 to require seating accommodations for passengers traveling with service animals, it required carriers to provide either a seat in a bulkhead row...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DEKALB, ILLINOIS
Employees
exploring an employee's medical condition only to the extent necessary to confirm, if warranted: (a) the individual's ability to perform job-related functions, with or without a reasonable accommodation...
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Federal Documents > Technical Assistance > Expanding Your Market: Maintaining Accessible Features in Retail Establishments
Question 20
Is the required floor and wall space inside public restrooms and fitting rooms blocked by obstacles such as trash cans, chairs, or shelving?...
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - TDLR Government Code, Chapter 469
Sec. 469.153. Maintenance of Certain Information.
All evidence supporting a waiver or modification determination by the commission is a matter of public record and shall be made part of the file system maintained by the department....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
TRANSITION PLAN {35.150}
TRANSITION PLAN {35.150}
Required where:
Structural changes will be undertaken to achieve program access
Public entity employs 50 or more persons...
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Federal Documents > Regulations > 24 CFR Part 8—Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development (with amendments issued through Dec. 2007)
§8.24(c)(1)
(1) In a public housing program where structural changes in facilities are undertaken, such changes shall be made within the timeframes established in §8.25(c)....
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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(a)
(a) No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public...
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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)
§35.130(b)(1)
(1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of 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)
§35.160(b)(2)
(2) In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT
AGREED RESOLUTION
The parties agree that it is in their best interests, and the United States believes that it is in the public interest, to voluntarily enter into this Agreement....
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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(a)
(a) No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public...
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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)
§ 35.130(b)(1)
(1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability—...
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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)
§ 35.138(b) Identification of available accessible seating
A public entity that sells or distributes tickets for a single event or series of events shall, upon inquiry—...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.125 ADA paratransit eligibility: Process
Each public entity required to provide complementary paratransit service by §37.121 of this part shall establish a process for determining ADA paratransit eligibility....
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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)
Play areas. (Section-by-Section Analysis)
Question 32: The Department would like to hear from public accommodations and individuals with disabilities about the potential effect of this approach. ...