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.
-
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)
§104.35(d) Reevaluation
(d) Reevaluation. A recipient to which this section applies shall establish procedures, in accordance with paragraph (b) of this section, for periodic reevaluation of students who...
-
Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.102 Application.
-
Federal Documents > Regulations > 24 CFR Part 40—Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures (with amendments issued through Feb. 1996)
24 CFR Part 40—Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures (with amendments issued through Feb. 1996)
Authority: 42 U.S.C. 3535(d), 4153.
Source: 36 FR 24437, Dec. 22, 1971, unless otherwise noted.
-
Federal Documents > Regulations > 24 CFR Part 40—Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures (with amendments issued through Feb. 1996)
§40.1 Purpose.
This part prescribes standards for the design, construction, and alteration of publicly owned residential structures to insure that physically handicapped persons will have ready...
-
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)
§ 35.102 Application.
-
State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
Are multi-unit dwellings of any kind covered under the requirements? Our thinking stemmed from the fact that it covers public housing, but how is public housing defined? For example, is section 8 housing applicable? Are all condos and apartments applicable if they are providing charging for any of their residents and not just a specific resident?
-
Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
E205.3 Agency Official Communication
Content that is not public facing shall conform to the accessibility requirements specified in E205.4 when such content constitutes official business, and is communicated by an agency through...
-
State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
1.9.1.2.3
1.9.1.2.3 Any curb or sidewalk intended for public use that is constructed in this state with private funds....
-
Links > Federal Department or Agency
DOE Publication: U.S. Department of Education, Office for Civil Rights, Frequently Asked Questions about the Rights of Students with Disabilities in Public Charter Schools under Section 504 of the Rehabilitation Act of 1973 (December 28, 2016)
This is a link to a downloadable PDF of this publication....
-
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)
R101.1 General
This document contains scoping and technical requirements to ensure that facilities for pedestrian circulation and use located in the public right-of-way are readily accessible to and usable...
-
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)
§8.25(a)(1)
(1) The requirements of §8.22 shall apply to all newly constructed public housing and multi-family Indian housing....
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.47(d)
(d) The public entity shall develop a plan for compliance for this section. The plan shall be submitted to the appropriate FTA regional office by July 26, 1992....
-
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)
§ 35.177 Effect of unavailability of technical assistance.
A public entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any failure in the development or...
-
Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12113(a) In General
deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation...
-
State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12113(a) In general
deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation...
-
Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.177 Effect of Unavailability of Technical Assistance
§35.177 Effect of Unavailability of Technical Assistance
Section 35.177 explains that, as provided in section 506(e) of the Act, a public entity is not excused from compliance with the...
-
Products and Additional Resources > Products
Inclusion Solutions BallotCall™ Alert System
There are more than 100,000 polling places across America according to Election Data Services, Survey Report and many are located in parts of buildings that are difficult to access....
-
Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.177 Effect of unavailability of technical assistance. (Section-by-Section Analysis)
(Section-by-Section Analysis)
Section 35.177 explains that, as provided in section 506(e) of the Act, a public entity is not excused from compliance with the requirements of this part...
-
Federal Documents > Regulations > 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (1991 ADA Title II Regulations)
§35.177 Effect of unavailability of technical assistance
A public entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any failure in the development or...
-
Federal Documents > Technical Assistance > Fact Sheet: Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
Fact Sheet: Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
Implementing Title II of the ADA
The Department of Justice (the Department) has amended its regulation implementing title II of the Americans with Disabilities Act (ADA), which applies to public...
-
Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Accessible Routes (Exterior and Interior)
Once a voter with a disability arrives at the polling site, there must be an accessible route from the accessible parking, passenger drop-off sites, sidewalks and walkways, and public transportation...
-
Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
Expert Report of John Rife Torkelson, theACCESSpartnership, L.P. (August 8, 2018)
Sidewalks & Walkways: The cross slopes in the designated accessible routes from the parking lot and the public sidewalk to the entrance exceed the maximum slope allowed of 1:48 (1991...
-
Links > Federal Department or Agency
Voters with Disabilities: Additional Monitoring of Polling Places Could Further Improve Accessibility
GAO visited 730 randomly selected polling places across the country, representing polling places nationwide, on Election Day 2008....
-
Federal Documents > Technical Assistance > Guide to the ADA Standards
Are employee entrances required to be accessible?
Other types of employee entrances must be accessible as “public entrances.”...