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)
§104.35 Evaluation and placement.
[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]
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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)
§104.35(c) Placement procedures
(c) Placement procedures. In interpreting evaluation data and in making placement decisions, a recipient shall
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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)
Subpart C -- Employment
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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)
Subpart C -- Employment (Section-by-Section Analysis)
Subpart C -- Employment (Section-by-Section Analysis)
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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)
R101 Purpose
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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)
Subpart C—Employment
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
6. Eating and Drinking
If a passenger with diabetes or another medical condition requests to eat or drink aboard a vehicle or in a transit facility in order to avoid adverse health consequences, the...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-4.0000 EMPLOYMENT
Regulatory references: 28 CFR 35.140.
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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(c) (Section-by-Section Analysis)
Paragraph (c) provides that nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities, or to a particular class of...
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Webinars, Videos, and Training > Spirit of the ADA
Keep Building Jackson
Speak during the public comments of a City/County Board meeting.
Document everything. Take photographs of the Crappy Curb, preferably with you in it, showing the impact....
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Federal Documents > Technical Assistance > 2004 ADA Checklist for Polling Places
Temporary Solutions for Election Day
To make a protruding object detectable:
Place an object or a barrier below the protruding object in the cane-detectable area not more than 27 inches above the floor....
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State and Local Documents > Laws > Americans with Disabilities Act (ADA) of 1990 (with amendments issued through 2008)
12145(a) Granting
(a) Granting
With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 12142...
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-228.3.2.1 Public use or common use EVCS
Where EVCS are provided for public use or common use, EVCS complying with Section 11B-812 shall be provided in accordance with Table 11B-228.3.2.1....
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
5.5(f) The Job Interview
The mail clerk also must receive incoming boxes of supplies up to 50 pounds in weight, and place them on storage shelves up to 6 feet in height. Can you perform these tasks?...
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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)(3) (Section-by-Section Analysis)
Paragraph (b)(3) prohibits the public entity from utilizing criteria or methods of administration that deny individuals with disabilities access to the public entity's services, programs...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
More on Notice
Public entities are required to ensure that interested people, including people with vision or hearing impairments, can obtain information as to the ”existence and location of accessible...
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Federal Documents > Standards > 36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards)
§ 1194.3(d)
(d) When agencies provide access to the public to information or data through electronic and information technology, agencies are not required to make products owned by the agency available...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.7(b)(3)
(3) In the case of a request by a public entity that provides transportation services subject to the provisions of subpart D of this part, the required public participation shall include...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Medical Examinations
A medical examination or inquiry also may be necessary to provide reasonable accommodation. (See Chapter VI.)...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-228.3.2.1 Public use or common use EVCS
Where EVCS are provided for public use or common use, EVCS complying with Section 11B-812 shall be provided in accordance with Table 11B-228.3.2.1....
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.7(b)(3)(ii)
(ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT....
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Federal Documents > Technical Assistance > ADA Checklist for Emergency Shelters
C1-b
Is an accessible route provided from public sidewalks and public transportation stops on the shelter site (if provided) to the accessible entrance for the shelter?...
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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)
Rulemaking History
Rulemaking History
The Access Board began developing accessibility guidelines for pedestrian facilities in the public right-of-way shortly after the Americans with Disabilities Act was...
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
Obtaining Employment: What to Expect
Employers are not, however, required to make accommodations that would result in an "undue hardship," which means accommodations that would result in significant difficulty or expense....