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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State and Local Documents > Codes and Standards > 2019 California Standards
11B-206.2.8 Employee work areas
EEOC can provide guidance regarding employers' obligations to provide reasonable accommodations for employees with disabilities.
2....
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Interpretations and Opinions > ETA Interpretations and Opinions > ADA Tolerances Provisions
2010 Title II ADA Regulations
(a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.138(h)(2)
A public entity may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12148(a)(2) Exception
(2) Exception
Paragraph (1) shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs...
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Federal Documents > Technical Assistance > ADAAG Manual
Performing Areas
Lifts can be used to provide access to these areas and, if located on the same level, other areas intended for use by performers but not the public, such as dressing and locker rooms....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.71(a)
(a) Each public entity operating a fixed route system making a solicitation after August 25, 1990, to purchase or lease a new bus or other new vehicle for use on the system, shall ensure...
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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 > Independent Living
Assisted Living Directory - South Carolina Assisted Living Facilities & Senior Care
You may have noticed that we (Assisted Living Directory) places a lot of focus on highlighting ways for the general public (you) to research facilities using state resources and data – including...
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Federal Documents > Technical Assistance > Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
5.1 Architectural Barriers Act (ABA).
In the event the recipient leases portions of the federally assisted building to other public or private entities, the responsibility would remain with the recipient....
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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)
Captioning, narrative description, and video interpreting services. (Section-by-Section Analysis)
Two of the auxiliary aids now included--public telephones equipped with volume control mechanisms and hearing aid-compatible telephones--are designed for individuals who are hard of hearing...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
A4.33.7 Types of Listening Systems
advance, such as a playhouse, lecture hall or movie theater, may be different from the system appropriate for a particular individual provided as an auxiliary aid or as part of a reasonable accommodation...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
Notes
The door to the only public restroom in a building is 28 inches wide....
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Legal Documents > LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)
(A) Staircase replacements are alterations.
No. 101-336, Title II) and DOT’s implementing regulations (49 CFR part 37), when a public entity alters an existing public transportation facility or a part thereof, “in a way that affects...
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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)
Regulatory Process Matters
A summary of the regulatory assessment, including the Department's responses to public comments addressing its proposed methodology and approach, is attached as Appendix B to this NPRM. ...
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State and Local Documents > Guidelines > Appendix B to 34 CFR Part 104—Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs
B. Definition of Recipient
For the purposes of Title VI:
The term recipient means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency...
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Additional Access Publications > Community Emergency Planning in NYC - A Toolkit for Community Leaders
EVACUATION + TRANSPORTATION MANAGEMENT
When an evacuation order is issued, various agencies work together to coordinate public information, roadway management, and the use of public transportation to support individuals evacuating...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Regulatory Process Matters
A summary of the regulatory assessment, including the Department's responses to public comments addressing its proposed methodology and approach, is attached as Appendix B to this NPRM. ...
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Federal Documents > Technical Assistance > ADA Guide for Small Towns
D) Curb Ramps at Intersections
walkways or sidewalks that are the responsibility of the town often play a key role in providing access to government programs and services and to the goods and services offered to the public...
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Federal Documents > Technical Assistance > Revised ADA Requirements: Ticket Sales
Overview
This publication provides guidance on the Department's new nondiscrimination requirements that apply to selling tickets for assigned seats at events such as concerts, plays, and sporting...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.4300 Right to participate in the regular program
Even if a separate or special program for individuals with disabilities is offered, a public entity cannot deny a qualified individual with a disability participation in its regular program...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Subpart E—Enforcement (Section-By-Section Analysis and Response to Comments)
Section 36.504(a)(3) is based on section 308(b)(2)(C) of the Act, which provides that, "to vindicate the public interest,'' a court may assess a civil penalty against the entity that has...
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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)
Whether the definition of ‘‘wheelchair'' includes the Segway® PT. (Section-by-Section Analysis)
additional administrative, insurance, liability, and defensive litigation costs; potentially detrimental impacts on the environment and cultural and natural resources; and the impracticality of accommodating...
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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...