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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Corada Voices > ADA Fails
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Corada Voices > General Comments or Questions
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Corada Voices > General Comments or Questions
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Unlike conventional air conditioners that require permanent installation, this portable unit can be placed almost anywhere, making it ideal for bedrooms, offices, dorm rooms, living rooms...
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Corada Voices > General Comments or Questions
Why Free Online Games Is a Great Choice for New and Casual Players
By: stella vargas
The platform is also a good place to improve your gaming skills....
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Corada Voices > General Comments or Questions
Starlink Connection: Fast, Reliable Internet for Homes, Businesses, and Remote Locations
By: Siddharth Kapoor
Once the dish is placed in an open area with a clear view of the sky, it automatically connects to the satellite network, allowing users to access the internet within a short time....
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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 > 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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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...
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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)....