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 > Standards > Uniform Federal Accessibility Standards (UFAS)
4.1.2(18)
(18) Assembly areas:
(a) If places of assembly are provided, they shall comply with the following table:
Capacity of Seating & Assembly Areas
Number of Required...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Common ADA Errors and Omissions in New Construction and Alterations
Signage
Where there is no wall space to the latch side of the door, including at double leaf doors, signs shall be placed on the nearest adjacent wall....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-705.2 Detectable directional texture
This surface will be placed directly behind the yellow detectable warning texture specified in Section 11B-705.1.2.1, aligning with all doors of the transit vehicles where passengers will...
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Products and Additional Resources > Products
Alertus Panic Buttons
button will then activate notification alerts through other, integrated products—including the Alert Beacon®, Alertus Desktop Notification, LED marquee display, text-to-speech interface for public...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Changing Essential Job Functions
The essential functions of the bagging job are putting items into bags, giving the bags to the customer directly or placing them in grocery carts....
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Research and History > Research Documents > The Impact of Transfer Setup on the Performance of Independent Transfers: Phase I Final Report
Grab bar protocol
included the side guard. 65% (75/115), CI[56%,73%] attained the transfer at level with their WMD and 10% (11/115) , CI[5%,16%] of the subjects who could not transfer with the side guard in place...
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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)
24. Educational setting
Among the factors to be considered in placing a child is the need to place the child as close to home as possible....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-206.6 Elevators
Elevators provided as a means of access within a private residence shall be installed so that they are not accessible to the general public or to other occupants of the building....
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-206.6 Elevators
Elevators provided as a means of access within a private residence shall be installed so that they are not accessible to the general public or to other occupants of the building....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-217.4.3 Building requirement
TTYs in public buildings shall be provided in accordance with Section 11B-217.4.3.1. TTYs in private buildings shall be provided in accordance with Section 11B-217.4.3.2. ...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-206.7.3 Incidental spaces
Platform lifts shall be permitted to provide an accessible route to incidental spaces which are not public use spaces and which are occupied by five persons maximum....
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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.36.503(b)
(b) Any person or group of persons has been discriminated against in violation of the Act or this part and the discrimination raises an issue of general public importance....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-407.1.1 Combined passenger and freight elevators
When the only elevators provided for use by the public and employees are combination passenger and freight elevators, they shall comply with Section 11B-407 and with ASME A17.1....
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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)
"State.'' (Preamble, Section-by-Section Analysis)
The term is used in the definitions of "commerce'' and "public entity'' in Sec.36.104....
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
‘‘Act.’’
The word ‘‘Act’’ is used in this part to refer to the Americans with Disabilities Act of 1990, Public Law 101–336, which is also referred to as the ‘‘ADA.’’...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F206.7.3 Incidental Spaces
Platform lifts shall be permitted to provide an accessible route to incidental spaces which are not public use spaces and which are occupied by five persons maximum....
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
206.7.3 Incidental Spaces
Platform lifts shall be permitted to provide an accessible route to incidental spaces which are not public use spaces and which are occupied by five persons maximum....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
INTEGRATED SETTING {35.130}
INTEGRATED SETTING {35.130}
“A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.172(b)
(b) The designated agency may conduct compliance reviews of public entities based on information indicating a possible failure to comply with the nondiscrimination requirements of this part...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12181(6) Private entity
(6) Private entity
The term "private entity" means any entity other than a public entity (as defined in section 12131(1) of this title)....
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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)(vi) (Section-by-Section Analysis)
Paragraph (b)(1)(vi) prohibits the public entity from denying a qualified individual with a disability the opportunity to participate as a member of a planning or advisory board....
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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)
§35.131(a)(2)
(2) A public entity shall not discriminate on the basis of illegal use of drugs against an individual who is not engaging in current illegal use of drugs and who--...
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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)
§35.190(b)(4)
(4) Department of Housing and Urban Development: all programs, services, and regulatory activities relating to state and local public housing, and housing assistance and referral....
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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)
§ 36.503(b)
(b) Any person or group of persons has been discriminated against in violation of the Act or this part and the discrimination raises an issue of general public importance....