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 > Technical Assistance > Withdrawn Technical Assistance: Title III Highlights
II. Overview of Requirements
Public accommodations must --
Provide goods and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity. ...
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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)
§ 35.102(b)
(b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA, they are not subject to the requirements...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Lifts and Elevators
The door into the elevator or lift and the space within must be wide enough to accommodate wheelchairs and other mobility devices....
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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)
§104.33 Free appropriate public education.
[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]
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Additional Access Publications > Accessible Lodging Factsheet
Accessible Lodging Factsheet
The Department of Justice (DOJ) has issued revised ADA regulations under Title III, which covers many types of private businesses, or “places of public accommodation.”...
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Additional Access Publications > Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
Accommodation and Compliance Series:
Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
By Beth Loy, Ph.D and Linda Carter Batiste, J.D....
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
Who Has Responsibilities under the ADA?
_
Title II of the ADA applies to all State and local governments and all departments, agencies, special purpose districts, and other instrumentalities of State or local government (“public...
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Products and Additional Resources > Products
BraunAbility NL500 Series and NUVL855 Wheelchair Lift for 24 Volt Motorcoaches
BraunAbility offers several wheelchair lift models to address the specific needs of motorcoach manufacturers, including the NL500M24, NL501-24, and the NUVL855RM24. Since motorcoach...
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Products and Additional Resources > Products
BraunAbility Century 2 Wheelchair Lift for School Buses, Cutaway Buses, and Paratransit Vans
With dual hydraulic lift arms and a design that has withstood the test of time, the Century Series offers all of the benefits of a BraunAbility wheelchair lift in a streamlined,...
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Products and Additional Resources > Products
BraunAbility Vista 2 Wheelchair Lift for School Buses, Cutaway Buses, and Paratransit Vans
The Vista 2 Wheelchair Lift offers standard BraunAbility safety, quality, reliability, and durability in a unique stacking platform that does not block driver and passenger...
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Products and Additional Resources > Products
BraunAbility Millenium 2 Wheelchair Lift for School Buses, Cutaway Buses, and Paratransit Vans
The Millennium 2 Wheelchair Lift is the true workhorse of the BraunAbility Commercial line. Those who appreciate a strong, stable lifting platform can choose this wheel chair lift...
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Products and Additional Resources > Products
BraunAbility UVL Wheelchair Lift for Cutaway Buses and Paratransit Vans
BraunAbility offers six versions of the UVL Wheelchair Lift, including usable platforms ranging from 30"x48" to 30"x53". Please review the application guide to select the UVL model...
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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)
§35.102 Application (Section-by-Section Analysis)
The private entity operating the inn would also be subject to the obligations of public accommodations under title III of the Act and the Department's title III regulations at 28 CFR Part...
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Links > Federal Department or Agency
USDA Forest Service Accessibility Guidebook for Outfitters & Guides Operating on Public Lands
Department of Agriculture (USDA) Forest Service, to provide recreation opportunities on public lands....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
1. Public Right-of-Way
Public Right-of-Way
137....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
4.28.4* Auxiliary Alarms
Units and sleeping accommodations shall have a visual alarm connected to the building emergency alarm system or shall have a standard 110-volt electrical receptacle into which such an alarm...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Phase III: Judiciary Committee
One of the hottest issues for the Judiciary Committee, which had jurisdiction over portions of the employment and public accommodations titles, was remedies....
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Federal Documents > Technical Assistance > QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS
1. Q: Who is a "qualified individual with a disability" for employment?
The person must also be able to perform the "essential" (as opposed to marginal or incidental) functions of the position either with or without reasonable accommodation....
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Undue Hardship
Undue Hardship
When assessing whether to grant leave as a reasonable accommodation, an employer may consider whether the leave would cause an undue hardship....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
SUBCHAPTER II - PUBLIC SERVICES [Title II]
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.3 Bus
streets, highways, and busways, including but not limited to minibuses, forty- and thirty-foot buses, articulated buses, double-deck buses, and electrically powered trolley buses, used by public...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-233.3.1.3 Residential dwelling units with communication features
In public housing facilities with residential dwelling units, at least 2 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide communication...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
1.Tax Credit for Small Business (Section 44 of the Internal Revenue Code)
An eligible small business may take a tax credit of up to $5000 per year for accommodations made to comply with the ADA....
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Federal Documents > Regulations > 24 CFR Part 100—Fair Housing Accessibility Guidelines
13. Places of assembly
Places of assembly
4.31
If provided in the facility or at the site....