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.
-
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?...
-
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....
-
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...
-
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)....
-
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...
-
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 --...
-
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....
-
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....
-
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...
-
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—...
-
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—...
-
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....
-
Federal Documents > Technical Assistance > Questions & Answers: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
Q12: Full-depth Pavement Patching
Public entities should note that the ADA requires maintenance of accessible features, and as such, they should ensure that when the pavement is patched or other road maintenance is performed...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT
III. JURISDICTION
JURISDICTION
The ADA applies to the SCDC because it is a "public entity" as defined by Title II of the ADA. 42 U.S.C. § 12131(1)....
-
Federal Documents > Technical Assistance > Withdrawn Technical Assistance: The ADA: Questions and Answers
Q. What employers are covered by the ADA, and when is the coverage effective?
The standards to be used under title II for determining whether employment discrimination has occurred depend on whether the public entity at issue is also covered by title I....
-
State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-704.3 Volume control telephones
Public telephones required to have volume controls shall be equipped with a receive volume control that provides a gain adjustable up to 20 dB minimum....
-
Federal Documents > Technical Assistance > Revised ADA Requirements: Effective and Compliance Date
Title II: Program Accessibility
From September 15, 2010, to March 15, 2012, State and local governments (public entities) have the option of choosing to follow the 1991 Standards, the UFAS, or the 2010 Standards when making...
-
Additional Access Publications > ADA Title II Action Guide for State and Local Governments
ADA Team
decision making, collect information regarding his or her department's policies and practices, inform staff within the department of ADA requirements, and serve as contact person for the public...
-
State and Local Documents > Codes and Standards > 2019 California Standards
11B-704.3 Volume control telephones
Public telephones required to have volume controls shall be equipped with a receive volume control that provides a gain adjustable up to 20 dB minimum....
-
Products and Additional Resources > Products
Pilot Rock T300/T400 Series Round, Pedestal Table With CURVED Seats - Using Recycled Plastic
Series T400 Round Picnic Tables are a perfect fit for malls, patios, pools, decks, restaurants, cafes, rec centers, common areas, schools, golf courses, hotels, streetscapes, … any casual place...
-
Products and Additional Resources > Products
Pilot Rock T300/T400 Series Round, Pedestal Table With CURVED Seats - Using Cut Steel Plate
Series T400 Round Picnic Tables are a perfect fit for malls, patios, pools, decks, restaurants, cafes, rec centers, common areas, schools, golf courses, hotels, streetscapes, … any casual place...
-
Federal Documents > Technical Assistance > Appendix to 29 CFR Part 1630—Interpretive Guidance on Title I of the Americans With Disabilities Act
Section 1630.2(k) Record of a Substantially Limiting Impairment
Finally, this section of the EEOC's regulations makes it clear that an individual with a record of a disability is entitled to a reasonable accommodation currently needed for limitations...
-
Federal Documents > Standards > 2010 ADA Standards
Clear Width at Turn: ADA Standard Section 403.5.2
Section 403.5.2 covers the current ADA Standards for the clear width at a turn on walking surfaces that are part of an accessible route.
-
Federal Documents > Standards > 2010 ADA Standards
Construction and Manufacturing Tolerances: ADA Standard Section 104.1.1
Section 104.1.1 of the ADA Standards covers the most current information on dimensions in regards to construction and manufacturing tolerances in the ADA Standards.