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 > 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...
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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...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12112(b) Construction
(b) Construction. --As used in subsection (a), the term discriminate includes --
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
12111(9)(A)
(A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12111(9)(A)
(A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
9.1.4(2) Equivalent Facilitation
(2) Equivalent Facilitation. For purposes of this section, it shall be deemed equivalent facilitation if the operator of a facility elects to limit construction of accessible rooms...
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Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
A4.28.4 AUXILIARY ALARMS
Locating visual emergency alarms in rooms where deaf individuals may work or reside alone can ensure that they will always be warned when an emergency alarm is activated. To be...
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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)
§ 35.108(d)(4)(iii)
(iii) Reasonable modifications or auxiliary aids or services as defined in this regulation;
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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.”...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
Expert Report of Douglas J. Anderson, RAS, CASP, LCM Architects (August 8, 2018)
Harris County Public Health Building, 2223 West Loop South Fwy, 1st Floor, Houston, TX
Parking: The surface slope in the designated accessible parking space and access aisle is...
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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)
§35.130(b)(8)
(8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from...
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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)
§ 35.130(b)(8)
(8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Qualifications
Ability to work cooperatively with the public entity and people with disabilities.
Negotiation and mediation skills.
Organizational and analytical skills....
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State and Local Documents > State Technical Assistance > DSA IR 11B-10: SCOPING AND PATH OF TRAVEL UPGRADE REQUIREMENTS FOR FACILITY ALTERATION, ADDITION AND STRUCTURAL REPAIR PROJECTS (with revisions issued through April 2017)
11B-203.8 Residential facilities
In public housing residential facilities, common use areas that do not serve residential dwelling units required to provide mobility features complying with Sections 11B-809.2 through 11B...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
E205.3 Agency Official Communication (Section-by-Section Analysis)
E205.3 Agency Official Communication (Section-by-Section Analysis)
This section proposes that an agency’s non-public facing content be required to meet the accessibility requirements...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Problem One (Entrance)
Solution: If another entrance is accessible and on an accessible route from parking, passenger drop-off sites, or public transportation stops, designate it as the accessible entrance....
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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)
§ 35.108(d)(1)(ii)
(ii) The primary object of attention in cases brought under title II of the ADA should be whether public entities have complied with their obligations and whether discrimination has occurred...
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Federal Documents > Technical Assistance > Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
condition, you are protected against discrimination and harassment at work because of your condition, you have workplace privacy rights, and you may have a legal right to get reasonable accommodations...
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Problem Three (Entrance)
Solution: Keep both doors propped open, station volunteers near the doors to open them for voters while the polling place is open, or provide a temporary doorbell to notify officials that...
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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....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
Expert Report of Jeromy G. Murphy, American Construction Investigations, LTD (August 6, 2018)
Sidewalks & Walkways: The accessible route from the public sidewalk to the entrance is not free of abrupt level changes over 1/2 inch (1991 ADA Stds 4.3.8, 4.5.2; 2010 ADA Stds 303,...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
4.Other Funding Sources
4.Other Funding Sources
State or local vocational rehabilitation agencies and State Commissions for the Blind can provide financial assistance for equipment and accommodations for their...
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
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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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....