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 (1991 ADA Title II Regulations)
Test C (Section-by-Section Analysis)
Test C -- Being regarded as having such an impairment
This test, as contained in paragraph (4) of the definition, is intended to cover persons who are treated by a public entity as having...
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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)
Prevention of fraud in purchase of accessible seating. (Section-by-Section Analysis)
Curbing fraud is a goal that public entities and individuals with disabilities share....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Grievance Procedure under The Americans with Disabilities Act
[Name of public entity] Grievance Procedure under The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities...
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Federal Documents > Technical Assistance > The ADA and City Governments: Common Problems
Issue: Effective Communication
Common Problem:
City governments often fail to provide qualified interpreters or assistive listening devices for individuals who are deaf or hard of hearing at public events or meetings...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PHILADELPHIA AND THE PHILADELPHIA POLICE DEPARTMENT
BACKGROUND
that no qualified individual with a disability, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Number of Accessible Entrances
Substantive changes include:
increasing scoping for public entrances (206.4.1
removing a requirement for accessible ground floor entrances (206.4.3 in the proposed rule)...
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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
§35.134 Retaliation or Coercion
Paragraph (a) of § 35.134 provides that no private or public entity shall discriminate against any individual because that individual has exercised his or her right to oppose any act or...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Organization of this NPRM
The discussion within each section explains the proposals and the reasoning behind them as well as the Department's response to related public comments. ...
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Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
A. Fire Alarms
[ADA Stds. 4.1.3(14)]
Lobby/front desk
Yes __ No __ N/A __ Comments: ________________________________________
Public corridors
Yes __ No __ N/A __ Comments: _________________...
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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)
§35.134 Retaliation or coercion (Section-by-Section Analysis)
Paragraph (a) of §35.134 provides that no private or public entity shall discriminate against any individual because that individual has exercised his or her right to oppose any act or practice...
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State and Local Documents > Guidelines > Accessibility Guidebook for Outdoor Recreation and Trails
Designing Sidewalks and Trails for Access
Access Board's public rights-of-way Web site www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way, which includes guidance documents and other resources....
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Links > Travel/Recreation
Invictus Games Foundation
Following the second Invictus Games in Orlando, Florida, the Invictus story will continue and the 2017 Invictus Games will take place in Toronto, Canada from 24 - 30 September 2017....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
7. Alternatives
Comments received from the public indicated that this approach was potentially confusing, as federal agencies, contractors, and vendors would have to make specific compliance determinations...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
10.3.1(7)*
If self-service fare collection devices are provided for the use of the general public, at least one accessible device for entering, and at least one for exiting, unless one device serves...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
4.1.4(2) MILITARY EXCLUSIONS
This exclusion does not apply to those portions of a building or facility which may be open to the public or which may be used by the public during the conduct of normal business or which...
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Alterations [§206.4 and §202.4]
However, if making a public entrance accessible would threaten or destroy a facility’s historic significance (as determined by the appropriate State Historic Preservation Official or Advisory...
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Legal Documents > United States of America v. Quiktrip Corporation - Consent Decree
EXHIBIT E QUIKTRIP POLICY REGARDING SERVICE ANIMALS FOR PEOPLE WITH DISABILITIES
with anxiety to the onset of panic attacks, orienting people with schizophrenia to reality, and helping people with intellectual or cognitive disabilities to locate misplaced items, find places...
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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
3. How can state and local governments’ employment service systems ensure that people with disabilities have access to competitive integrated employment?
services may change over time, but such services should be provided for a sufficient duration to ensure that the person can continue to succeed after initial job stabilization to avoid placing...
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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.36.305(c) Multiscreen cinemas
Reasonable notice shall be provided to the public as to the location and time of accessible showings....
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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)
§382.141(a)(6)
This training is required only for those contractor employees who deal directly with the traveling public, and it must be tailored to the employees' functions....
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Federal Documents > Technical Assistance > Accessible Play Areas - A Summary of Accessibility Guidelines for Play Areas
Use Zone
beneath and immediately adjacent to a play structure or piece of equipment that is designated by ASTM F 1487 Standard Consumer Safety Performance Specification for Playground Equipment for Public...
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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
§35.101 Purpose
purpose of the rule, which is to effectuate subtitle A of title II of the Americans with Disabilities Act of 1990 (the Act), which prohibits discrimination on the basis of disability by public...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)
Sell-outs in specific seating areas. (Section-by-Section Analysis)
For example, if all seats in the orchestra level are sold, the unsold accessible seats in the orchestra level could be released for sale to the general public....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Sell-outs in specific seating areas. (Section-by-Section Analysis)
For example, if all standard seats in the orchestra level are sold, the unsold accessible seats in the orchestra level could be released for sale to the general public. ...