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 Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
M303.2.2 Width (Section-by-Section Analysis)
There were no public comments and no MDE Advisory Committee recommendations regarding this requirement. Thus, the final rule retains the 36-inch wheelchair space width requirement....
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Federal Documents > Technical Assistance > Expanding Your Market: Maintaining Accessible Features in Retail Establishments
Accessible Restrooms, Fitting Rooms, and Elevators
Maintenance List
Unlock accessible public restrooms, toilet stalls, and fitting rooms and make sure they are available to customers with disabilities during business hours....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
III. FINDINGS OF FACT
In this section, the Court will assess: (1) the City's infrastructure to ensure accessibility for disabled persons to its programs, services and activities, as they relate to the public...
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State and Local Documents > State Technical Assistance > Code Application Notice (CAN) 2-11B, 09-09-2014
11B-202 Existing buildings and facilities
Alterations solely for the purpose of barrier removal undertaken pursuant to the requirements of the Americans with Disabilities Act (Public Law 101-336, 28 C.F.R., Section 36.304) or the...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)
Executive Order 13132: Federalism
The Access Board made drafts of the proposed rule available for public review and comment. State and local governments provided comments on the drafts of the proposed rule....
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Federal Documents > Regulations > 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through Aug. 2015)
§27.19(a)
(a) Recipients subject to this part (whether public or private entities as defined in 49 CFR part 37) shall comply with all applicable requirements of the Americans with Disabilities Act...
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Additional Access Publications > Proceedings of: Workshop on Improving Building Design for Persons with Low Vision
Orientation (slide 12)
We don’t always do that in public spaces, and we don’t always do that even in office buildings....
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Federal Documents > Technical Assistance > Examples and Resources to Support Criminal Justice Entities in Compliance with Title II of the ADA
Ensure that communication with people with disabilities is as effective as communication with people without disabilities
Public entities are not required to take any action that would result in a fundamental alteration in the nature of a service, program, or activity, or undue financial and administrative...
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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
C. Examples of Recipients Covered by These Guidelines
The board of education of a public school district and its administrative agency.
2....
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
ADDITIONAL PROHIBITIONS {35.130}
That have the effect of discrimination
That have the purpose or effect of defeating or substantially impairing programs
That perpetuate the discrimination of another public...
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State and Local Documents > State Technical Assistance > Technical Memorandum TM 2013-16 Residential Amenity Centers
Technical Memorandum TM 2013-16 Residential Amenity Centers
Rule 68.30(5) does not apply to any elements, areas, or spaces used, leased, or rented to residents or non-members for activities open to the general public, including but not limited to...
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Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
A. Changes in Level
Yes __ No __ N/A __ Comments: ___________________________________________
...the lobby and the public and employee restrooms?...
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Federal Documents > Technical Assistance > Section 508 of the Rehabilitation Act - Frequently Asked Questions
E.6.iii. - Are vendors required to post information regarding whether their products meet the Access Board standards on a web site? Couldn't this result in a compromise of intellectual property?
Generally, information the government has about a winning offer may be obtained by the public under the Freedom of Information Act unless the information falls under the exemption in 5 U.S.C...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Ticket pricing. (Section-by-Section Analysis)
The proposed rule codifies the Department's longstanding policy that public entities cannot impose a surcharge for wheelchair spaces....
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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)
§8.23(b)(1)
(1) Subject to paragraph (b)(2) of this section, alterations to dwelling units in a multifamily housing project (including public housing) shall, to the maximum extent feasible, be made...
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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)
§ 36.501(a) General
application, the court may, in its discretion, permit the Attorney General to intervene in the civil action if the Attorney General or his or her designee certifies that the case is of general public...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.501(a) General
application, the court may, in its discretion, permit the Attorney General to intervene in the civil action if the Attorney General or his or her designee certifies that the case is of general public...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
401.1 Scope (Section-by-Section Analysis)
This exception is proposed in response to public comments to the 2010 and 2011 ANPRMs that sought clarification on this point....
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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
1. Introduction
need for this rule and the scope of this Final RA, provides a brief description of the notice of proposed rulemaking that was published in 2014, and includes summaries and responses to public...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Equality of Opportunity: The Making of the Americans with Disabilities Act
EQUALITY OF OPPORTUNITY
The Making of the Americans with Disabilities Act
Copyright © 1997, 2010 by the National Council on Disability
ALL RIGHTS RESERVED
REISSUED 2010
Publication...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA DJ 205-67-11
BACKGROUND
At that time, the City’s Employment Application required public applicants to answer the following inquiry: “Check if any of the following are applicable: __Disabled Veteran ___ Disabled...
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Federal Documents > Regulations > 24 CFR Part 100—Discriminatory Conduct Under the Fair Housing Act (with amendments issued through Sept. 2016)
§100.205(d)
All of the dwelling units on the first floor must meet the accessibility requirements of paragraph (c) of this section and must have access to at least one of each type of public or common...
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Legal Documents > United States of America v. Humboldt County, California - Consent Decree
B. NOTIFICATION
the County on four (4) different days, including two (2) Sunday editions; post the Notice on its Internet Home Page (humboldtgov.org); and post the Notice in conspicuous locations in its public...
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Legal Documents > SETTLEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND THE CONNECTICUT STATE DEPARTMENT ON AGING
JURISDICTION
The ADA applies to the State Department on Aging (SDA) because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1)....