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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Research and History > Research Documents > Exhibit Design Relating to Low Vision and Blindness Summary Report
Introduction
Historically, museums have displayed their collections for the visiting public primarily through visual means....
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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
4.1.1. Total Costs
Figure 4-1 : Annual Costs in Primary Analysis, Discounted at 7 percent ($ millions)
ETA Editor's Note
As of 11/21/16 (this document's publication date), Figure 4-1 is not shown....
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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)
Subpart F-Certification of State Laws or Local Building Codes (Section-by-Section Analysis)
In its ANPRM, the Department proposed changes that would streamline the process for public entities seeking certification....
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Links > Federal Department or Agency
U.S. Department of Transportation: Disability Information in Aviation
Department of Transportation: Office of Aviation Enforcement and Proceedings
A compilation of rules, guidance, enforcement orders and publications on disability issues in aviation....
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Federal Documents > Technical Assistance > A Guide to Disability Rights Laws
ADA Title IV: Telecommunications Relay Services
Title IV also requires closed captioning of Federally funded public service announcements....
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Federal Documents > Technical Assistance > A Guide to Disability Rights Laws
Air Carrier Access Act
It applies only to air carriers that provide regularly scheduled services for hire to the public....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Nondiscrimination on the Basis of Disability; Notice of Withdrawal of Four Previously Announced Rulemaking Actions
Conclusion
Should the Department decide to undertake rulemaking in the future, the Department will publish new rulemaking actions and provide new opportunities for public comment....
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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
‘‘Facility.’’
Sections 35.150 and 35.151 specifically address the obligations of public entities to ensure accessibility by providing curb ramps at pedestrian walkways....
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Legal Documents > KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO
C. FACILITIES AND PROGRAMS
Separate and apart from its public right-of-way system, the City operates a number of programs, i.e., aquatic, library and RecPark programs, which are offered through various facilities...
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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)
Detectable Warning Surfaces on Boarding Platforms Used by Buses and Rail Vehicles, and Boarding and Alighting Areas Used by Rail Vehicles (Section-by-Section Analysis)
ADA and ABA Accessibility Guidelines contain a requirement for detectable warning surfaces on rail platforms.32 The proposed guidelines adapt this requirement to transit stops in the public...
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Federal Documents > Technical Assistance > Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
Q15: Does the Amendments Act require the Department to revise or create new Section 504 regulations to implement the Amendments Act?
OCR continues to assess whether additional guidance or further publications are needed.
16 For example, OCR interprets the Section 504 regulatory language defining "is regarded as having...
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Additional Access Publications > Community Emergency Planning in NYC - A Toolkit for Community Leaders
EXTREME HEAT RESPONSE
Cooling centers are air-conditioned facilities—such as libraries, community centers, senior centers and NYCHA facilities—that are open to the public during heat emergencies....
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Federal Documents > Technical Assistance > ADA Checklist for New Lodging Facilities
A. Signs
Yes __ No __ N/A __ Comments: ___________________________________________
Ballrooms and meeting rooms
Yes __ No __ N/A __ Comments: ___________________________________________
Public...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Release of unsold accessible seats. (Section-by-Section Analysis)
Through its investigations, the Department has become familiar with the problem of designated accessible seating being sold to the general public before people who need accessible seating...
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Federal Documents > Technical Assistance > ADA Guide for Small Towns
B) Accessible Route
When a walk, pathway, or pedestrian route is necessary to provide public access to a program, service, or activity, an accessible route must be provided....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
Service Animal Permitted to Accompany Passenger on Flight and at Seat Assignment
Service Animals in Air Transportation; FAA Flight Standards Information Bulletin for Air Transportation (FSAT) #04-01A, “Location and Placement of Service Animals on Aircraft Engaged in Public...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
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 > Preamble to Regulations > 49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble
NPRM
reference point in deciding several issues in which there has been tension between the safety concerns of transportation providers and the rights of persons with disabilities to access public...
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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)
Facility (Section-by-Section Analysis)
Sections 35.150 and 35.151 specifically address the obligations of public entities to ensure accessibility by providing curb ramps at pedestrian walkways....
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Additional Access Publications > Using a Fitness Center Does Not Have to be an Exercise in Frustration: Tips for People with Mobility and Visual Disabilities
2.1 What to Ask During Your First Visit
(You will be more likely to find such policies at YMCA’s or other public community fitness centers such as park and recreation programs.) ...
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Federal Documents > Technical Assistance > ADAAG Manual
Other Counters/ Teller Windows [7.2(2)]
Fixed elements for public use, such as service buzzers and ticket number dispensers, need to be within accessible reach ranges and on an accessible route....
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Legal Documents > United States of America v. Humboldt County, California - Settlement Agreement
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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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. ...