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 > 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)
§ 35.170(a) Who may file
An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.35(b)
ticketing arrangements and which is available only to users of the commuter rail system, is subject to the requirements of this part for fixed route commuter bus service operated 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)
§ 35.151(a)(1)
(1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the...
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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)
§ 35.172(c)
, the designated agency shall attempt informal resolution of any matter being investigated under this section, and, if resolution is not achieved and a violation is found, issue to the public...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.151 Waiver for undue financial burden
with the service criteria of §37.131 of this part creates an undue financial burden, an entity may request a waiver from all or some of the provisions if the entity has complied with the public...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.5(b)
with disabilities, an entity shall not, on the basis of disability, deny to any individual with a disability the opportunity to use the entity's transportation service for the general public...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 38.123(a)
(a) If a restroom is provided for the general public, and an accessible restroom is required by §38.111 (a) and (e) of this part, it shall be designed so as to allow a person using a wheelchair...
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Webinars, Videos, and Training > Spirit of the ADA
Braille Trails: Helping the Visually Impaired Experience Nature
At age 11, Evan Barnard came across a vandalized Braille nature trail, one of the few places in his home state of Georgia where the visually impaired could comfortably explore the outdoors...
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State and Local Documents > Codes and Standards > 2022 California Standards
[ADA Title II §35.151(b)(4)(i)] Primary function
function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-216.7 Elevators
Existing buildings that have been remodeled to provide specific elevators for public use that comply with these building standards shall have the location of and the directions to these...
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State and Local Documents > Codes and Standards > 2022 California Standards
101.4.5 Fire prevention
processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public...
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Links > Advocacy/Legal Service
Mobility International USA (MIUSA)
By implementing innovative programs, we are building bridges to create a new era where people with disabilities will take their rightful place in the world community....
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Circulation Path
A circulation path is a continuous and unobstructed way of travel from any point in a building or structure to a public way....
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Additional Access Publications > Small Business and ADA Readily Achievable Requirements - A Factsheet from the ADA National Network
Developing a plan based on priorities
“Getting through the door” also means providing physical access to a facility from public sidewalks and/or public transportation....
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Federal Documents > Technical Assistance > Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities
6. Do the ADA and Olmstead apply to persons at serious risk of segregation in sheltered workshops?
For example, public entities, including state and local education agencies, may be contributing to a pipeline to segregation if vocational rehabilitation counselors, caseworkers, and other...
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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)
Section 35.133 Maintenance of accessible features. (Section-by-Section Analysis)
(Section-by-Section Analysis)
Section 35.133 in the 1991 title II regulation provides that a public entity must maintain in operable working condition those features of facilities and...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
Annex A THE ADA: A BEGINNING
Our goal in accessible code requirements for buildings is to provide that same kind of flexibility and to accommodate anyone and everyone who uses every building....
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Links > General
Learning Disabilities Association of America
Learning Disabilities Foundation of America - A tax-exempt public charity established in 1979 that is dedicated to providing funds for research and education and the promotion of public...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
MEANS OF EGRESS
A continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
PERSONAL DEVICES AND SERVICES {35.135}
PERSONAL DEVICES AND SERVICES {35.135}
Types not required to be provided by public entity:
Wheelchairs
Individually prescribed devices, such as:...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims
R. Program Access
"Program Access" means applicable Accessibility Laws directing a public entity to operate each service, program, or activity so that the service, program, or activity, when viewed in its...
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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)
§8.23(a) Substantial alteration
If alterations are undertaken to a project (including a public housing project as required by §8.25(a)(2)) that has 15 or more units and the cost of the alterations is 75 percent or more...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12188(b)(1)(B)(ii)
(ii) any person or group of persons has been discriminated against under this subchapter and such discrimination raises an issue of general public importance, the Attorney General may commence...
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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)
§35.105(d)
(d) If a public entity has already complied with the self-evaluation requirement of a regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this...