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 > Preamble to Guidelines > 36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble
Final Regulatory Flexibility Analysis
requires federal agencies to consider the impacts of their rules on small entities, analyze alternatives that minimize the impacts on small entities, and to make the analysis available to the public...
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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
2.1.2. Compliance Year
The analysis begins in mid-2016, the expected publication date of the rulemaking. ...
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Research and History > Research Documents > Characteristics of Emerging Road and Trail Users and Their Safety
Off-Road Racing Wheelchairs
These devices are used infrequently on public roads and shared use paths, and were therefore beyond the scope of this study....
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Legal Documents > United States of America v. Hilton Worldwide Inc. - Consent Decree
15(a)
(a) No later than twelve (12) months after the Consent Decree Date, HWI shall conduct surveys of the areas of the hotels open to the public (including all accessible rooms) to assess their...
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State and Local Documents > State Technical Assistance > DSA IR 11B-10: SCOPING AND PATH OF TRAVEL UPGRADE REQUIREMENTS FOR FACILITY ALTERATION, ADDITION AND STRUCTURAL REPAIR PROJECTS (with revisions issued through April 2017)
REFERENCES
design professionals, to promote more uniform statewide criteria for plan review and construction inspection of projects within the jurisdiction of DSA which includes State of California public...
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Tactile and Visual Signs [ADA Standards §216.2, §216.4.1]
(An exit passageway is a horizontal component of an exit that is separated from interior building spaces by fire-resistance-rated construction that leads to the exit discharge or public...
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State and Local Documents > Codes and Standards > Elimination of Architectural Barriers - Administrative Rules of the TDLR, 16 Texas Administrative Code, Chapter 68
68.75. Responsibilities of the Registered Accessibility Specialist
Records maintained by registered accessibility specialists, as required by department rules or procedures, are subject to the provisions of the Texas Government Code, Chapter 552, Texas Public...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-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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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.4200 Relationship to "program accessibility" requirement.
Public entities should make every effort to ensure that alternative methods of providing program access do not result in unnecessary segregation....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-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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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
3. Primary Consideration: Who Chooses the Auxiliary Aid or Service?
for that person to request the auxiliary aids and services of their choice, and you must give primary consideration to the individual’s choice.6 “Primary consideration” means that the public...
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Federal Documents > Technical Assistance > ADA Best Practices Tool Kit for State and Local Governments
4. Example: Installing Curb Ramps for Program Accessibility
Public transportation stops serving the town hall are in a residential neighborhood on East Street, two blocks east of the town hall....
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Research and History > Regulations and Standards History > Stabilized Engineered Wood Fiber for Accessible Trails
Literature Cited
Public Law 101-336. Americans with Disabilities Act, Public Law 336, 101st Congress, enacted July 26, 1990.
ASTM. 1995....
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Legal Documents > United States of America v. Employees' Retirement Systems of Alabama, Teachers' Retirement Systems of Alabama, and PCH Hotels & Resorts, Inc. - Consent Decree
VIII. MONITORING
The United States shall have the right to verify compliance with this Agreement and the ADA, both as set forth in this Consent Decree and through any means available to the general public...
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Legal Documents > Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way
PARTIES
Presently, and at all times relevant to this complaint, Defendant City of Seattle has been a public entity within the meaning of Title II of the ADA and has received federal financial assistance...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
TTY
The TTY must be available during the same hours as the telephone service for the general public and the same wait time and surcharges must apply to the TTY as the telephone service for the...
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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)
Disability
(4) The phrase is regarded as having an impairment means-
(i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public...
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State and Local Documents > Guidelines > Accessibility Guidebook for Outdoor Recreation and Trails
Acknowledgments
About 30 employees and a governing board of representatives from Federal Departments and public members appointed by the President have these key responsibilities:
Developing and...
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Federal Documents > Preamble to Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble
Electronic and information technology (Preamble, Section-by-Section Analysis)
In addition, the National Association of the Deaf (NAD) requested that public address systems, alarm systems, and two-way communications systems such as intercoms be expressly included as...
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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
4. What evidence may a person with a disability rely on to establish that an integrated setting is appropriate for him or her?
As the Department has previously stated, a reasonable, objective assessment by a public entity’s treating professional is one, but only one, such avenue.27 For example, a vocational rehabilitation...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.3 Disability
The phrase is regarded as having such an impairment means—
(i) Has a physical or mental impairment that does not substantially limit major life activities, but which is treated by a public...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-7.1100 Primary consideration
When an auxiliary aid or service is required, the public entity must provide an opportunity for individuals with disabilities to request the auxiliary aids and services of their choice and...
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Products and Additional Resources > Products
Eliason Corporation RMR-1500 Traffic Door (Chase Doors - Durulite Retailer Door)
The 1.5” thick monolithic door panel is rotationally molded high density cross-linked polyethylene (XLPE) with an outer skin thickness of .125” and the core is foamed-in-place with CFC-free...
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Products and Additional Resources > Products
AJW Architectural Products U700 Series 16"W x 20"H Angle Frame Mirror - Plate Glass Surface
Embossed theft resistant pressure activated clip lock device, locks mirror in place to wall hangers. Back is secured to frame with concealed Phillips head screws....