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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Corada Voices > General Comments or Questions
Accessibility Requirements for Occasional Public Use on Second Floor of Older Office Buildings
By: Christie Medina
In many of these buildings, the second floor consists mostly of private offices that aren’t considered places of public accommodation....
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments
Section 37.165 Lift and Securement Use
This provision applies to both public and private entities....
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Links > Federal Department or Agency
DOE "Dear Colleague" Letter: Responding to Bullying of Students with Disabilities (Oct. 21, 2014)
While there is broad consensus that bullying is wrong and cannot be tolerated in our schools, the sad reality is that bullying persists in our schools today, and especially so for...
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Links > General
The IRIS Center - Peabody College Vanderbilt University
Funded by the U.S. Department of Education’s Office of Special Education Programs (OSEP), the IRIS Center is headquartered at Vanderbilt University in Nashville, Tennessee, and...
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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)
§35.150(a)(3)
(3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and...
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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)
§ 35.150(a)(3)
(3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and...
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS
B. Experts’ Responsibilities
The Experts will also analyze and report on data reflecting Harris County’s progress in complying with the polling place physical accessibility sections of this Agreement....
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Webinars, Videos, and Training > Demonstrations of ADA Requirements
NYC Board of Elections: Video 8 - Ballot Marking Device (BMD) Operation
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-809.1 General
When located within public housing facilities, residential dwelling units shall comply with Section 11B-809....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-809.1 General
When located within public housing facilities, residential dwelling units shall comply with Section 11B-809....
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State and Local Documents > Codes and Standards > 2019 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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Links > State Department or Agency
Alaska Governor’s Council on Disabilities and Special Education
assist the Council on state-wide issues related to developmental disabilities
Assist the Council in achieving the full participation, coordination, and cooperation of all appropriate public...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.43 Alteration of Transportation Facilities by Public Entities
Section 37.43 Alteration of Transportation Facilities by Public Entities
This section sets out the accessibility requirements that apply when a public entity undertakes an alteration...
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Federal Documents > Technical Assistance > A Guide to Disability Rights Laws
ADA Title II: State and Local Government Activities
Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education...
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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)
§ 35.152(a) General
This section applies to public entities that are responsible for the operation or management of adult and juvenile justice jails, detention and correctional facilities, and community correctional...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Order Granting Plaintiff's Motion for Partial Summary Judgment
A. Whether Sidewalks Are a Service Program, or Activity Covered by Title II of the ADA and Section 564 of the Rehabilitation Act
“[M]aintaining public sidewalks is a normal function of a city and without a doubt something that the [City] does....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-233.3 Residential dwelling units provided by entities not subject to HUD Section 504 Regulations
Public housing facilities with residential dwelling units provided by entities not subject to regulations issued by the Department of Housing and Urban Development (HUD) under Section 504...
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title II Highlights (revised in 2008)
IX. Complaints
Complaints should be in writing, signed by the complainant or an authorized representative, and should contain the complainant'sname [sic] and address and describe the public entity's alleged...
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-233.3.1.2.6 Public housing facility site impracticality
The site impracticality tests in this section may be used to determine the number of required residential dwelling units with adaptable features in buildings without an elevator,...
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-233.3.1.2.6 Public housing facility site impracticality
The site impracticality tests in this section may be used to determine the number of required residential dwelling units with adaptable features in buildings without an elevator,...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Contractual arrangements with private entities. (Section-by-Section Analysis)
The Department believes that title II obligations extend to the public entity as soon as the building is used by or on behalf of a state or local government entity, irrespective of whether...
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State and Local Documents > Codes and Standards > 2025 California Standards
11B-210.1 General
In detention and correctional facilities, stairs that are not located in public use areas shall not be required to comply with Section 11B-504.
2....
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State and Local Documents > Codes and Standards > 2022 California Standards
11B-210.1 General
In detention and correctional facilities, stairs that are not located in public use areas shall not be required to comply with Section 11B-504.
2....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-233.3.1.1 Residential dwelling units with mobility features
In public housing facilities with residential dwelling units, at least 5 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide mobility features...