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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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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Legal Documents > United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order
9. Miscellaneous
oral, made by any of the parties or agents of any of the parties, that is not contained in this written Consent Order, shall be enforceable regarding the matters raised herein.
9.2 Public...
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Rulemaking Process Documents > Committee Activity and Reports > Recommendations on Standards for the Design of Medical Diagnostic Equipment for Adults with Disabilities, Advisory Committee Final Report
1.1 Statutory Authority, Scope, and Objectives of Committee
1.1 Statutory Authority, Scope, and Objectives of Committee
Section 4203 of the Patient Protection and Affordable Care Act (Public Law 111-148, 124 Stat....
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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
Are the elements of path of travel and accessible routes substantively the same (such as slope, vertical clearance, width of path of travel, etc.)?
2 of the CBC, includes a primary entrance to the building or facility, toilet and bathing facilities serving the area of alteration, drinking fountains serving the area of alteration, public...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims
9. Release of Claims
rights, liabilities, losses, injuries, obligations, disputes and causes of action of any kind, whether asserted as individual claims, as claims on a class basis or on behalf of the general public...
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Legal Documents > VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK
D. STRUCTURAL MODIFICATIONS
Highway Garage Building, the Lewisboro Library and the Community House at Goldens Bridge, at Cross River, and at Vista (collectively, the "Other Town Buildings") and Lewisboro's three 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
7.5. Reporting, Recordkeeping, and Other Compliance Requirements
However, the final rule does require that movie theaters disclose to the public information concerning the availability of captioning and audio description for movies shown in their auditoriums...
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Links > Trade Organization
Certified Access Specialist Institute (CASI)
CASI Mission: CASI is the voice of access professionals as well as a resource for both its members and the public....
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Corada Voices > General Comments or Questions
When is a Curb Ramp a Ramp?
By: Ask a CASp
handrails (Section 405.8) or edge protection (Section 405.9) because of the obstructions such features would present to the surrounding areas, which are typically a circulation path or public...
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Links > Nonprofit Organization
The ALS Association
As the preeminent ALS organization, The Association leads the way in research, care services, public education, and public policy — giving help and hope to those facing the disease. ...
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Links > Advocacy/Legal Service
Equip for Equality
a legal advocate for people with disabilities, and handles individual cases and systems-change litigation to achieve broad-based societal reforms
Independently monitors public...
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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....
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Research and History > Research Documents > Independent Wheelchair Transfers in the Built Environment: How Transfer Setup Impacts Performance Phase 2: Final Report
Grab Bar and Backrest Evaluation
Grab bars should be placed everywhere persons would encounter a non-level transfer. This would allow persons with disabilities to make non-level transfers more easily and safely....
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Federal Documents > Technical Assistance > ADAAG Manual
Raised and Brailled Characters and Pictorial Symbol Signs [4.30.4]
If placed below (flush left or center), it is important that it be spaced far enough away from raised characters (and borders) so that fingers can be flush with the sign face....
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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
4.5 Other Tips for Making Equipment More Useable
Stationary bicycles use pedal straps to keep your feet in place. If you need additional support, Velcro straps can be helpful....