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 > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.161(a)
(a) Public and private entities providing transportation services shall maintain in operative condition those features of facilities and vehicles that are required to make the vehicles and...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Paratransit
Part 37 uses this term to refer to the complementary paratransit service comparable to public fixed route systems which must be provided....
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Federal Documents > Technical Assistance > Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
28. Does an employer have to notify an employee with a disability about vacant positions, or is it the employee's responsibility to learn what jobs are vacant?
(BNA) 1189, 1199 (10th Cir. 1997) (federal employers are far better placed than employees to investigate in good faith the availability of vacant positions).
88. See Dalton v....
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
A. Proposed 508 Standards
Delineation of covered electronic “content”: The proposed rule would also specify that all types of public facing content, as well as eight enumerated categories of non-public facing content...
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Federal Documents > Preamble to Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble
Regulatory Process Matters
The Board has prepared a regulatory assessment for the final rule which has been placed in the docket and is available for public inspection....
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
C. Eligibility Criteria
The ADA requires people with disabilities to be accommodated in the most integrated setting appropriate to their needs,6 and the disability-related needs of people who are not medically...
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Research and History > Research Documents > Characteristics of Emerging Road and Trail Users and Their Safety
FIELD DATA COLLECTION PLAN
The event sites were located adjacent to large, flat, smooth paved surfaces that could accommodate the turning radius station....
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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
1.4 Overview of Report
However, as is clear throughout the report, with some important exceptions, current equipment designs rarely accommodate fully persons with disabilities....
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
6. When may an employer ask an employee if a hearing impairment, or some other medical condition, may be causing her performance problems?
The employer may lawfully ask Rupa if she has any difficulty hearing customers and, if so, whether she would benefit from an accommodation....
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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)
Appendix B to Part 382—Cross-Reference Table
Advance notice requirements.
35
29
Safety assistants (formerly “attendants”).
37
87(a)
Seat assignments.
38
81 through 87
Seating accommodations...
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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)
Appendix B – Cross-Reference Table
Advance notice requirements.
35
29
Safety assistants (formerly “attendants”).
37
87(a)
Seat assignments.
38
81 through 87
Seating accommodations...
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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
1. Abdomen depth (AD)
The 95th percentile value for female users of manual and power wheelchairs was approximately 30.5 in. and would accommodate about 95% of female users assuming no other clearance dimensions...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
704.3 Volume Control Telephones
Public telephones required to have volume controls shall be equipped with a receive volume control that provides a gain adjustable up to 20 dB minimum....
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Resource Description
Lhamon
Assistant Secretary
December 2016
This resource guide is in the public domain. Authorization to reproduce it in whole or in part is granted....
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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)
Miniature Golf Courses. (Section-by-Section Analysis)
However, it requests public comment on a suggested change to the requirement for holes to be consecutive. ...
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Federal Documents > Technical Assistance > DOT Memorandum - Information and Action: ADA Transition Plan Process
FHWA’s Jurisdictional Authority
The DOT has further delegated authority to FHWA to oversee and implement ADA compliance for State and local governments for issues affecting transportation in the public right-of-way....
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Federal Documents > Technical Assistance > ADA Guide for Small Towns
Introduction
Small towns offer a variety of essential programs and services that are fundamental to the public and to everyday American life....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Miniature Golf Courses (Section-by-Section Analysis)
However, it requests public comment on a suggested change to the requirement for holes to be consecutive. ...
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Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
1. Background
benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public...
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Research and History > Research Documents > Improved Engineered Wood Fiber (EWF) Surfaces for Accessible Playgrounds Field Performance Testing: Final Report II
Literature Cited
Public Law 101-336. Text of the Americans with Disabilities Act, Public Law 336 of the 101st Congress, enacted July 26, 1990.
Axelson, P.W.; Chesney, D. 1999....
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title II Highlights (revised in 2008)
IV. Program Access
., moving a public information office from the third floor to the first floor of a building....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.1000 General
Public entities should be familiar with those regulations from their experience in applying for Federal grant programs....
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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)
708 Two-Way Communication Systems
One of the technical provisions requires that handsets, where provided, have cords long enough (at least 29 inches) to accommodate people using wheelchairs (708.3)....