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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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
TRANSITION PLAN INCLUDE {35.150}
TRANSITION PLAN INCLUDE {35.150}
Steps necessary to complete changes to facilities
Public inspection, comments and participation
Identification of physical obstacles...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.137(a) Use of wheelchairs, scooters, and manually powered mobility aids
A public entity shall permit individuals with mobility impairments to use wheelchairs, scooters, walkers, crutches, canes, braces, or other similar devices designed for use by individuals...
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12184(b)(6)
(6) the purchase or lease by such entity of a new rail passenger car that is to be used to provide specified public transportation, and for which a solicitation is made later than 30 days...
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Federal Documents > Technical Assistance > Protecting the Rights of Persons Living with HIV/AIDS
Health Care Providers
Health Care Providers
A health care provider, whether public or private:
—May not refer a patient with HIV or AIDS to another provider simply because the person has HIV or AIDS....
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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)
Qualified individual with a disability
or the provision of
auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided 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)
§35.135 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 > Technical Assistance > ADAAG Manual
Scoping [4.1.3(17)(a) & (b)]
Scoping [4.1.3(17)(a) & (b)]
ADAAG addresses public telephones (pay, closed circuit) that are fixed and requires access for people who use wheelchairs and for people who are deaf,...
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Federal Documents > Regulations > 24 CFR Part 100—Discriminatory Conduct Under the Fair Housing Act (with amendments issued through Sept. 2016)
§100.10(a)(2)
(2) Prohibit a private club, not in fact open to the public, which, incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
7.2 SERVICE COUNTERS
Where service counters exceeding 36 in (915 mm) in height are provided for standing sales or distribution of goods to the public, an auxiliary counter or a portion of the main counter shall...
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Certain Sports/ Recreation and Other Structures (§203.10 - §203.14)
refereeing, judging, or scoring a sport
raised boxing/ wrestling rings
water slides and raised diving boards/ platforms
animal containment areas not open to the 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)
§ 35.108(f)(3)
Liability is established under title II of the ADA only when an individual proves that a public entity discriminated on the basis of disability within the meaning of title II of the ADA,...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND 360 FEDERAL CREDIT UNION UNDER THE AMERICANS WITH DISABILITIES ACT
DOCUMENTS AND INFORMATION IN ALTERNATE FORMATS
Beginning immediately as of the effective date of this Agreement, and pursuant to its Effective Communication Policy, THE CREDIT UNION shall provide members of the public who are blind...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.35(a)
its rail service, and which connects an intercity rail station and limited other points, 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)
Qualified individual with a disability
, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.131(b)(4)
When an entity proposes to change its reservations system, it shall comply with the public participation requirements equivalent to those of §37.137 (b) and (c)....
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
1. Movable aisle armrests
This obligation is not limited to new models of a feature placed into a space where older models formerly were used....
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Links > Nonprofit Organization
Rebuilding Together Houston - Houston, TX
We are committed—on behalf of our aging clientele—to the proposition that there is no place like home....
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Links > Independent Living
Disability Connections/Middle Georgia CIL - Macon, GA
in Middle Georgia
Consumer Controlled
Like other centers for independent living around the country, Disability Connections (DC) is non-residential, meaning it is not a place...
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Federal Documents > Technical Assistance > Guidance on the 2010 ADA Standards for Accessible Design
Toilet Room Doors
Commenters also asserted that the floor plans prepared by the Department were of a very basic design which could be accommodated in a minimal sized space whereas the types of facilities...
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
4. Exception from the Requirements of M301 for Certain Examination Chairs that Comply with M302
The Access Board sought public input in question three in the preamble in the MDE NPRM, on whether organizing the technical criteria functionally by patient position was clear. 77 FR at...
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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)
Maximum side reach ranges. (Section-by-Section Analysis)
One national advocacy group stated that public accommodations could provide relatively low-cost solutions to the problem, such as light switch extension handles or other inexpensive alternatives...
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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)
Background
Americans with Disabilities Act ("ADA" or "the Act"), enacted on July 26, 1990, provides comprehensive civil rights protections to individuals with disabilities in the areas of employment, public...
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
T402 Ramps and Bridgeplates
This accommodates wheelchair users’ need to turn as they enter and exit the ramp and reduces the likelihood that passersby will trip on the barrier....
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Products and Additional Resources > Products
Aluminum Swaged SG Series Pressure-Locked Grating
The square cross bars are assembled through punched diamond shaped holes in rectangular bearing bars and are permanently locked into place by a swaging process....