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 Discrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice of Interpretation
Title II Regulations
Title II of the ADA prohibits discrimination on the basis of disability by public entities....
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Federal Documents > Technical Assistance > Solutions for Five Common ADA Access Problems at Polling Places
Voting Areas
Voting Access: Some Useful Resources
This document provides guidance on providing temporary access to polling places....
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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 New Construction and Alterations (Section-by-Section Analysis)
Section 35.151, which provides that those buildings that are constructed or altered by, on behalf of, or for the use of a public entity shall be designed, constructed, or altered to be readily...
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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
E. Employment Opportunities For Handicapped Applicants
Recipients must make reasonable accommodation for the physical or mental limitations of handicapped applicants who are otherwise qualified unless recipients can demonstrate that the accommodation...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-233.3 Public housing facilities
Public housing facilities with residential dwelling units shall comply with Section 11B-233.3.
Note: Senior citizen housing may also be subject to Civil Code, Division 1. Part 2....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.23 Service Under Contract
under contract to a public entity....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.77 Purchase or lease of new non-rail vehicles by public entities operating a demand responsive system for the general public
[56 FR 45621, Sept. 6, 1991, as amended at 79 FR 21406, Apr. 16, 2014]
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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)
R201 Application (Section-by-Section Analysis)
The proposed guidelines apply to both permanent and temporary facilities in the public right-of-way....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
[F] 907.5.2.3.1 Public and common use areas
the employee work areas shall be initially designed with not less than 20-percent spare capacity to account for the potential of adding visible notification appliances in the future to accommodate...
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State and Local Documents > Codes and Standards > 2019 California Standards
[F] 907.5.2.3.1 Public and common use areas
the employee work areas shall be initially designed with not less than 20-percent spare capacity to account for the potential of adding visible notification appliances in the future to accommodate...
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Federal Documents > Regulations > 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of the ADA (Title I Regulations with amendments issued through May 2016)
§1630.2(o)(4)
(4) A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability under the “actual...
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State and Local Documents > Codes and Standards > 2019 California Standards
1.9.1.1.3
For public housing see Section 1.9.1.3....
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Federal Documents > Technical Assistance > Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act
3. Does the ADA require an applicant to disclose that she has or had a hearing impairment or some other disability before accepting a job offer?
The ADA does not require applicants to disclose that they have or had a hearing impairment or another disability unless they will need a reasonable accommodation for the application process...
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Links > Federal Department or Agency
DOE Resource: Free Appropriate Public Education for Students With Disabilities: Requirements Under Section 504 of The Rehabilitation Act of 1973
Recipients of these funds include public school districts, institutions of higher education, and other state and local education agencies....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-809.1 General
When located within public housing facilities, residential dwelling units shall comply with Section 11B-809....
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual - 1994 Supplement
II-3.5300 Unnecessary inquiries.
This process violates title II because of the additional burdens placed on individuals with disabilities, and because the disclosure requirement is not limited to conditions that currently...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-224.7 Housing at a place of education
Housing at a place of education subject to this section shall comply with Sections 11B-224.1 through 11B-224.6 and 11B-806 for transient lodging guest rooms....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-224.7 Housing at a place of education
Housing at a place of education subject to this section shall comply with Sections 11B-224.1 through 11B-224.6 and 11B-806 for transient lodging guest rooms....
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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
Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools
OCR) has determined that school officials would benefit from additional guidance concerning the effects of the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act) on public...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-1.1000 General
Title II of the ADA covers programs, activities, and services of public entities. It is divided into two subtitles....
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Federal Documents > Technical Assistance > Guide to the ADA Standards
DOJ’s ADA Regulations
DOJ’s title III regulations apply to public accommodations and commercial facilities....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Step 7 - Create an Action Plan
The public entity's website might need to be reviewed for accessibility, policies might need to change and meetings might need to be moved. ...
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Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F244.5.2.2 Routes Within Common Use and Public Use Areas
At least one outdoor recreation access route shall connect accessible elements, spaces, and facilities provided within common use and public use areas serving camping units with mobility...
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Corada Voices > General Comments or Questions
Transition Planning Seminar Handouts and Comments
By: James Terry
I recently gave this PowerPoint presentation at the National ADA Symposium so I thought it would be helpful to upload it here and allow people to download it for their reference and...