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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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
4. Maintenance Policies
A public entity's maintenance obligation is set forth in 28 C.F.R. § 35.133, which provides that public entities "shall maintain in operable working condition those features of facilities...
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Research and History > Research Documents > Visual Detection of Detectable Warning Materials by Pedestrians with Visual Impairments - Final Report
1.2 Background
Access Board, Draft Guidelines for Accessible Public Rights-of-Way (Washington, DC: 2002). Retrieved January 3, 2005, from the U.S....
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Products and Additional Resources > Products
Allegion Schlage S-Series Mechanical Locks with Tubular Interconnect
intent of ADA is that owners of certain types of buildings must remove barriers and provide people with disabilities with access equal to, or similar to, that available to the general public...
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Links > State Department or Agency
New Mexico Division of Vocational Rehabilitation (NMDVR)
partners to support the participant on the job;
Providing guidance on how to access employment-related laws such as the Americans with Disability Act (ADA) and accessing proper accommodations...
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Research and History > Research Documents > The Impact of Transfer Setup on the Performance of Independent Transfers: Phase I Final Report
Evaluation of transfers
A majority of our subjects (92% of the sample, CI[86%,96%]) managed a height at 22” (51cm) with no gap in place which is more similar to their own seat height....
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Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
Need for This Technical Assistance
The supports and services provided and made available to nondisabled parents were not provided to this parent, and she was denied reasonable modifications to accommodate her disability. ...
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Federal Documents > Technical Assistance > Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts
Role of HHS and DOJ
In addition, both DOJ and HHS OCR enforce Title II of the ADA against public entities, including child welfare agencies and state courts....
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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)
E. Paperwork Reduction Act
The Department will pursue OMB approval for this requirement during the year between the publication and effective dates of the rule....
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Federal Documents > Technical Assistance > Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA
May employers require employees to have periodic medical examinations?
(Question 18)
No, with very limited exceptions for employees who work in positions affecting public safety, such as police officers, firefighters, or airline pilots....
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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)
General Issues
These issues, further discussed below, concern multiple chemical sensitivities and electromagnetic sensitivities, classroom acoustics, and certain elements specific to public rights-of-ways...
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Federal Documents > Technical Assistance > Accessible Gates for Trails and Roads
Acknowledgments
Thanks to MTDC’s publication and photography staffs, especially Sunni Bradshaw, for technical support and to Deb Mucci for design drawings....
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
M307.2 Tactilely Discernible (Section-by-Section Analysis)
There were no public comments on this section and it was not addressed by the MDE Advisory Committee. There have been no changes made to this provision....
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
M301.1 General (Section-by-Section Analysis)
(Significant Changes – Exception from the Requirements of M301 for Certain Examination Chairs that Comply with M302), in response to public comment and recommendations from the MDE Advisory...
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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)
§104.36 Procedural safeguards.
A recipient that operates a public elementary or secondary education program or activity shall establish and implement, with respect to actions regarding the identification, evaluation,...
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Additional Access Publications > Community Emergency Planning in NYC - A Toolkit for Community Leaders
FEEDING + COMMODITY DISTRIBUTION
Stay connected to public information channels to know where CDP sites are located.
WHAT IF I CAN’T GET TO A CDP?
Work with your neighbors or friends to help get items from a CDP....
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Federal Documents > Regulations > 24 CFR Part 8—Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development (with amendments issued through Dec. 2007)
§8.56(j)(2) Objectives of informal resolution/voluntary compliance
Such voluntary compliance agreements shall seek to protect the interests of the complainant (if any), other persons similarly situated, and the public interest....
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Shelves, Sales and Service Counters, and Check-Out Aisles
Shelves used by the public must be on an accessible route with enough space to allow individuals using mobility devices to access merchandise or materials....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
606.3 Height
A lavatory in a toilet or bathing facility for a single occupant accessed only through a private office and not for common use or public use shall not be required to comply with 606.3....
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State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
607.4 Grab Bars
Grab bars shall not be required to be installed in a bathtub located in a bathing facility for a single occupant accessed only through a private office and not for common use or public use...
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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)
§35.172 Resolution of complaints (Section-by-Section Analysis)
(Section-by-Section Analysis)
Section 35.172 requires the designated agency to either resolve the complaint or issue to the complainant and the public entity a Letter of Findings containing...
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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)
§35.130(b)(1)(i) (Section-by-Section Analysis)
Paragraph (b)(1)(i) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the aid, benefit, or service provided by a public entity...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
A4.30.4 Raised and Brailled Characters and Pictorial Symbol Signs (Pictograms)
Accessible signage with descriptive materials about public buildings, monuments, and objects of cultural interest may not provide sufficiently detailed and meaningful information....
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.5. Installation Costs
Public comments and Department research suggest that there are installation costs associated with providing closed movie captioning and audio description in movie theater auditoriums that...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
B. JURISDICTION
WHEREAS, title II of the ADA applies to Lewisboro because it is a "public entity;" 42 U.S.C. § 12131(1); 28 C.F.R. § 35.104; and
WHEREAS, the Attorney General, through the U.S....