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 > Technical Assistance > ADA Information Services
Access Board
Publications and questions
800-872-2253 (voice)
800-993-2822 (TTY)
Internet address
www.access-board.gov
ta@access-board.gov...
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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)
§382.43(a)
(a) If, as a carrier, you provide telephone reservation and information service to the public, you must make this service available to individuals who use a text telephone (TTY), whether...
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Federal Documents > Technical Assistance > Questions and Answers: The ADA and Persons with HIV/AIDS
What employers are covered by the ADA?
In addition, the ADA prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Need for Rulemaking
accessibility guidelines, the Access Board’s current accessibility guidelines, and why the Access Board is proposing to issue accessibility guidelines for pedestrian facilities in the public...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.161(b)
(b) When a public entity uses an automated attendant system for receiving and directing incoming telephone calls, that automated attendant system must provide effective communication with...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.6(c)(2)
employs fifteen or more persons shall, for at least three years following completion of the evaluation required under paragraph (c)(1) of this section, maintain on file, make available for public...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
10.3.2(3)
(3) Where technical infeasability [sic] in existing stations requires the accessible route to lead from the public way to a paid area of the transit system, an accessible fare collection...
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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)
§ 35.135 Personal devices and services.
This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.73(b)
(b) A public entity may purchase or lease a used vehicle for use on its fixed route system that is not readily accessible to and usable by individuals with disabilities if, after making...
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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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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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Products and Additional Resources > Products
Cal-Royal Explorer XP / XPRL Series Cylindrical Lockset
Specifications
APPLICATIONS - For offices, schools, hospitals, apartments, hotel/motel, residential, commercial and public buildings....
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Products and Additional Resources > Products
Behavioral Safety Products #SF370 Ligature Resistant Sensor Faucet
Hygienic Touch-Free Operation – Most public and many private facilities are now specifying touch-free sensor faucets to prevent the cross contaminate of disease carrying germs that can be...
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Products and Additional Resources > Products
Cal-Royal Challenger Cylindrical Lockset
Specifications
APPLICATIONS - For offices, schools, hospitals, apartments, hotel/motel, residential, commercial and public buildings....
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Products and Additional Resources > Products
Stanley Magic-Force™ Full or Low Energy Swing Door Operator
It is ideal for applications such as supermarkets, department stores, airports, office buildings, public buildings, schools and universities. ...
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Products and Additional Resources > Products
Allegion Von Duprin 98/99 Series Exit Devices
It is intended that the information included in this publication, when properly used, will provide clear and reliable guidelines to the proper general selection and application....
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State and Local Documents > Codes and Standards > 2010 California Standards for Accessible Design (excerpts relating to Safe Harbors only)
1127B.1
Access shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones if provided, and public streets or sidewalks...
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Federal Documents > Technical Assistance > Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Activities
PROGRAM OPTIONS
appropriate to the needs of that child.7 Physical education services, specially designed if necessary, must be made available to every child with a disability receiving a free appropriate public...
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Federal Documents > Technical Assistance > Accessible Gates for Trails and Roads
Summary
The new gates can help the Forest Service fulfill its policy of universal design, providing access to public lands for all people....
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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
Does the state architect intend to provide further statewide guidance or will implementation remain a more regional/local decision?
RESPONSE: The Division of the State Architect will continue its outreach efforts to inform the public about the new accessibility requirements for EVCS....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.138(d) Notification of accessible seating locations
A public entity that sells or distributes tickets for seating at assembly areas shall, upon inquiry, inform spectators with disabilities and their companions of the locations of all unsold...
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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(c)(1)
(1) This part does not prohibit a public entity from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual...
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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)
Section 36.303(g)(1) Definitions
The Department sought public comment on these proposed definitions....
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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)
§35.150(d)(4)
(4) If a public entity has already complied with the transition plan requirement of a Federal agency regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements...