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 > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.3(k) Program or activity
government entity) to which the assistance is extended, in the case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution, or a public...
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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)
§8.3 Program or activity
government entity) to which the assistance is extended, in the case of assistance to a State or local government;
(b)(1) A college, university, or other post-secondary institution, or a public...
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
A. Accessibility of Terminal Facilities and Services
[Sec. 382.23(d)]
As appropriate to your specific responsibilities and duties when dealing with the traveling public and consistent with all carriers’ obligation to ensure training to...
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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)
Treatment of "manually-powered mobility aids.'' (Section-by-Section Analysis)
The Department believes that because the existing approach is clear and understood easily by the public, no formal definition of the term ‘‘manually-powered mobility aids'' is required....
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Federal Documents > Technical Assistance > ADA Update - A Primer for State and Local Governments (Title II Primer)
New Construction
New Construction
The ADA requires that all new facilities built by public entities must be accessible to and usable by people with disabilities....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
Updates and Other Pocket Guides
You may visit our website at http://www.etapocketguides.com/ where additional information is available about these publications....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
7. Information and Communication Technology (ICT) Standards and Guidelines
communications-and-it/about-the-ict-refresh/final-rule
Although these standards and guidelines do not apply directly under the ADA, when followed, they provide strong evidence that private and public...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture (ANPRM)
x. Scoping and Triggering Events for Medical Equipment and Furniture
The Department is considering proposing that entities have eighteen months from the date of the publication of a rule to come into compliance with medical equipment and furniture requirements...
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Additional Access Publications > Comparison: 2010 and 1991 ADA Standards for Accessible Design - Scoping Requirements
Comparison: 2010 and 1991 ADA Standards for Accessible Design - Scoping Requirements
., At least 60% of all public entrances need to comply with 404....
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
4.1.4(7) FACTORY INDUSTRIAL
Application
All areas for which the intended use will require public access or which may result in employment of physically handicapped persons....
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections 35.108(d)(1)(vi) and 36.105(d)(1)(vi)—‘‘Substantially Limits’’ Shall Be Interpreted To Require a Lesser Degree of Functional Limitation Than That Required Prior to the ADA Amendments Act
See Public Law 110–325, sec. 2(b)(4)–(5); see also 154 Cong. Rec. S8841 (daily ed....
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Notice of Proposed Settlement of Class Action Lawsuit
THE COURT’S FINAL APPROVAL/FAIRNESS HEARING
You may also check the Settlement Website at www.LosAngelesADASettlement.org or the public court records on file in this action at https://www.pacer.gov/ for any updates....
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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
9. Is the ADA limited to segregation in employment settings when the same individuals are also subject to segregation in other settings during the day, like facility-based day programs?
>
Moreover, public entities cannot evade their Olmstead obligations by limiting access to one segregated setting while moving individuals into a different segregated setting.40 For...
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Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)
Treatment of ‘‘manually-powered mobility aids.'' (Section-by-Section Analysis)
The Department believes that because the existing approach is clear and understood easily by the public, no formal definition of the term ‘‘manually-powered mobility aids'' is required....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
7. Information and Communication Technology (ICT) Standards and Guidelines
communications-and-it/about-the-ict-refresh/final-rule
Although these standards and guidelines do not apply directly under the ADA, when followed, they provide strong evidence that private and public...
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Rulemaking Process Documents > NPRMS > 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
3. Benefits—Qualitative Discussion of Benefits
However, numerous public comments suggest that many persons who are deaf or hard of hearing or are blind or have low vision do not go to the movies at all, or attend movies well below the...
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Research and History > Research Documents > Characteristics of Emerging Road and Trail Users and Their Safety
EXECUTIVE SUMMARY
As this report will document, some users have different characteristics from bicyclists, so facilities designed and built to accommodate bicyclists and/or motorists may not meet the needs...
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Links > Trade Organization
National Safety Council (NSC)
Working to make the world measurably safer, NSC advances this mission by engaging businesses, government agencies, elected officials and the public to help prevent the fifth leading cause...
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Links > Independent Living
Assistance Dogs International (ADI)
The purpose of ADI is to improve the areas of training, placement, and utilization of assistance dogs, staff and volunteer education, as well as educating the public about assistance dogs...
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Federal Documents > Preamble to Guidelines > 36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble
Clear Width of Circulation Paths and Maneuvering Clearances at Wheelchair Spaces
., “sufficient clearances”) with quantified minimum clearances, nonetheless expressed some skepticism that such clearances would be adequate to accommodate all types of mobility devices,...
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Research and History > Research Documents > Anthropometry of Wheeled Mobility Project: Final Report
Appendix One: List of References
Adelaide, South Australia, Public Buildings Department.
British Standards Institution (2001)....
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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
AVAILABLE DATA DO NOT SUPPORT DEPARTING FROM THE CURRENTLY ACCEPTED STANDARD OF 19-INCH TRANSFER SURFACE HEIGHT
, these illustrations used in measuring individuals for manual wheelchairs indicate that the AWM Project’s data cannot be used to make a direct assessment of the table height needed to accommodate...
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Accessibility Specialists
June Kailes
June’s consulting and publications focus on building disability actionable competencies in the worlds of healthcare and emergency management to ensure people with disabilities and others...
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Links > Publication
SPORTS 'N SPOKES
SPORTS 'N SPOKES is a bimonthly publication produced by the Paralyzed Veterans of America. S'NS reports on competitive sports and recreation for wheelchair users....