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 (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Accessible golf cars (Section-by-Section Analysis)
Some commenters noted that many local governments and park authorities that operate public golf courses have already provided accessible golf cars....
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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)
A. Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures
It extends regulatory coverage under the ACAA to foreign carriers for the first time and adds requirements concerning passengers who use medical oxygen and accommodations for deaf and hard-of-hearing...
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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)
3. Voluntary Compliance
In the three years since the Department last received public comment on these issues after the publication of its 2010 ANPRM (see discussion below), the number of movie theaters that are...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Congressional Hearings
She described her struggles with a public school that considered her unworthy of education....
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Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
2.3
in each case, shall be in compliance with the requirements of the ADA with respect to (a) providing wheelchair spaces with lines of sight comparable to those for members of the general 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)
Exceptions for Historic Facilities
In addition, they requested that information be provided on the obligation of public entities that operate historic preservation programs to achieve program accessibility under the DOJ regulations...
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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
§35.171 Acceptance of Complaints
§35.171 Acceptance of Complaints
Section 35.171 establishes procedures for determining jurisdiction and responsibility for processing complaints against public entities....
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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)
National Technology Transfer and Advancement Act of 1995
Public Law 104-113 (15 U.S.C. 272(b)). ...
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Federal Documents > Technical Assistance > Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the ADA
Prohibition against discrimination in services, programs, and activities
conditions of release, taking testimony, sentencing, providing notices of rights, determining whether to revoke probation or parole, or making service referrals, whether by prosecutors and public...
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Additional Access Publications > Community Emergency Planning in NYC - A Toolkit for Community Leaders
FEEDING + COMMODITY DISTRIBUTION
Disruption of utilities, such as electricity, cooking gas or water thatprevents the public from safely storing and preparing food.
WHAT DOES THE CITY DO?...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
National Technology Transfer and Advancement Act of 1995
Public Law 104-113 (15 U.S.C. 272(b)). ...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Information of Accessible Facilities and Programs
Public entities are also required to ensure that interested people, including people with vision or hearing impairments, can obtain information as to the existence and location of accessible...
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Introduction
People with disabilities have too often been excluded from participating in basic civic activities like using the public transportation system, serving on a jury, voting, seeking refuge...
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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)
§35.171 Acceptance of complaints (Section-by-Section Analysis)
(Section-by-Section Analysis)
Section 35.171 establishes procedures for determining jurisdiction and responsibility for processing complaints against public entities....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
National Technology Transfer and Advancement Act of 1995
Public Law 104–113 section 12(d)(1) (15 U.S.C. 272 Note)....
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Additional Access Publications > A Guide to Planning Accessible Meetings
Site Inspection
Visit the common areas, have coffee or a meal at a lobby restaurant, walk any of the grounds that are open to the public, assess the parking lot, review access to sidewalks, safety features...
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Additional Access Publications > A Guide to Planning Accessible Meetings
Introduction
The Mid-Atlantic ADA Center and TransCen, Inc. sponsored this update and publication in recognition of the 25th anniversary of the transformational Americans with Disabilities Act (ADA)...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title II Highlights (revised in 2008)
III. "Qualified Individuals with Disabilities"
A "qualified" individual with a disability is one who meets the essential eligibility reqirements [sic] for the program or activity offered by a public entity.
...
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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
5. What factors are relevant in determining whether an individual does not oppose receiving services in an integrated employment setting?
Consequently, individuals and their families may hesitate to explore work in an integrated setting, or they may not ask for or be aware of supported employment services. 30 Public entities...
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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)
National Technology Transfer and Advancement Act of 1995
Public Law 104– 113, section 12(d)(1) (15 U.S.C. 272 note)....
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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)
810 Transportation Facilities
Section 810.7 covers public address systems in rail stations and airports....
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Corada Voices > General Comments or Questions
How to (Enjoyably) Navigate Anonymous Chat
By: Jacob Pearson
They can be a place for genuine connection, surprising encounters, and maybe even a few laughs. However, it's important to remember that anonymity also has its downsides....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Wheelchairs and other power-driven mobility devices.
The Department has received questions and complaints from individuals with disabilities and covered entities about which mobility aids must be accommodated and under what circumstances. ...
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Legal Documents > SCOTT JOHNSON v. STARBUCKS CORPORATION - AMICUS BRIEF
B. The ADA Standards for Accessible Design
convenient accessibility, entailing accessibility of parking areas, accessible routes to and from the facility, accessible entrances, usable bathrooms and water fountains, accessibility of public...