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 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)....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
1015.2 Where required
Along vehicle service pits not accessible to the public.
In assembly seating areas at cross aisles in accordance with Section 1029.16.2....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-3.5100 General
A public entity may not impose eligibility criteria for participation in its programs, services, or activities that either screen out or tend to screen out persons with disabilities, unless...
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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)
Complaints
Some commenters objected to providing TTY service as a means of permitting hearing-impaired passengers to contact a CRO, saying that this was impractical in some places (e.g., an airport...
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Additional Access Publications > Meeting ANSI Standard S12.60 Requirements
Meeting ANSI Standard S12.60 Requirements
For classrooms where there is no fixed lecture position for the teacher, such as those for lower grades, and where ceiling heights are less than ten feet, the best option is to place most...
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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)
Section 36.406(f) Assembly Areas (Section-by-Section Analysis)
36.406(f)(2) reiterates the longstanding requirement that wheelchair and companion seating must be integrated in the seating area, and adds a new prohibition: that the seating may not be placed...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Section 35.151(g) Assembly Areas (Section-by-Section Analysis)
Section 35.151(g)(2) adds the prohibition that the seating may not be placed on temporary platforms or other movable structures. ...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-404.2.9 Door and gate opening force
Where push plates, vertical actuation bars or other similar operating devices are provided, they shall be placed in a conspicuous location....
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Additional Access Publications > Disability Specific Supplies for Emergency Kits
Disability Emergency Supplies Kits
Disability Emergency Supplies Kits
Carry on You
Home
Bedside
Grab-and-go
Car
Item
x
x
x
x
Store kits securely in a set place...
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Legal Documents > Metzler et al. v. Kaiser Foundation Health Plan, Inc. et al.
III. ARCHITECTURAL ACCESS
Priority will be placed on timely and orderly removal of the most significant ("highpriority") barriers.
a....
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Legal Documents > United States of America v. Hilton Worldwide Inc. - Consent Decree
DISPUTES AND ENFORCEMENT
This Consent Decree shall not apply to any hotels that become Brand Hotels as a result of a merger taking place after the Consent Decree Date, or to any hotels belonging to an unrelated...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-404.2.9 Door and gate opening force
Where push plates, vertical actuation bars or other similar operating devices are provided, they shall be placed in a conspicuous location....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-404.2.9 Door and gate opening force
Where push plates, vertical actuation bars or other similar operating devices are provided, they shall be placed in a conspicuous location....
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Federal Documents > Technical Assistance > ADA Requirements - Effective Communication
Effective Communication Provisions
Covered entities are also required to accept telephone calls placed through TRS and VRS, and staff who answer the telephone must treat relay calls just like other calls....
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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)
What do I do if a passenger claims that he or she is allergic to someone else’s service animal?
produces shock or respiratory distress that could require emergency or significant medical treatment), and there is a service animal of that kind seated nearby, the carrier should try to place...
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Federal Documents > Technical Assistance > USDA Forest Service Missoula Technology and Development Center Facilities Toolbox: Accessibility Tools
Do facilities in remote locations have to be accessible?
These toilets are simply risers placed over a pit, with no walls. The Superior National Forest has developed an accessible riser for these remote settings....