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 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations)
Sec.36.202(b) Participation in unequal benefit
A public accommodation shall not afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual,...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.202(b) Participation in unequal benefit.
A public accommodation shall not afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual,...
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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
What types of exemptions or exceptions exist?
RESPONSE: EVCS installed at public buildings, public accommodations, commercial facilities and public housing are required to comply with the accessibility requirements in CBC Chapter 11B...
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State and Local Documents > State Technical Assistance > Electric Vehicle Charging Stations, Accessibility: FAQs
At what types of property/sites must the ADA requirements be met?
RESPONSE: EVCS installed at public buildings, public accommodations, commercial facilities and public housing are required to comply with the accessibility requirements in CBC Chapter 11B...
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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)
Section 35.151(f) Housing at a place of education (Section-by-Section Analysis)
Both public and private school housing facilities have varied characteristics....
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
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....
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State and Local Documents > Codes and Standards > 2019 California Standards
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....
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Federal Documents > Standards > 2010 ADA Standards
Public Address Systems: ADA Standard Section 810.7
Where public address systems convey audible information to the public, the same or equivalent information shall be provided in a visual format....
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations with amendments issued through Dec. 2016)
§ 36.303(g)(2) General
A public accommodation shall ensure that its movie theater auditoriums provide closed movie captioning and audio description whenever they exhibit a digital movie that is distributed with...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Section 36.402 Alterations (Preamble, Section-by-Section Analysis)
Section 36.402(a)(1) provides that any alteration to a place of public accommodation or a commercial facility, after January 26, 1992, shall be made so as to ensure that, to the maximum...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.402 Alterations (Section-By-Section Analysis and Response to Comments)
Section 36.402(a)(1) provides that any alteration to a place of public accommodation or a commercial facility, after January 26, 1992, shall be made so as to ensure that, to the maximum...
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Federal Documents > Technical Assistance > 2004 ADA Checklist for Polling Places
Getting to the Polling Place
Getting to the Polling Place...
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Rulemaking Process Documents > ANPRMS > Withdrawn: 28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations (ANPRM)
B. Legal foundation for Web accessibility
Increasingly, private entities are providing goods and services to the public through websites that operate as places of public accommodation under title III of the ADA....
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Drawings and Possible Solutions > CAD/BIM Details
ADA Solutions, Inc. Cast in Place Tactile Surface
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Additional Access Publications > ADA Compliance Process by Evan Terry Associates
Reasonable Accommodation
Reasonable Accommodation §TM-J-3.1 OVERVIEW OF LEGAL OBLIGATIONS
An employer must provide a reasonable accommodation to the known physical or mental limitations of a qualified...
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Unequal benefit (Preamble, Section-by-Section Analysis)
Unequal benefit—Section 36.202(b) prohibits services or accommodations that are not equal to those provided others....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
Section 36.202(b) Unequal benefit (Section-By-Section Analysis and Response to Comments)
Unequal benefit -- Section 36.202(b) prohibits services or accommodations that are not equal to those provided others....
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Federal Documents > Preamble to Regulations > 28 CFR Part 36, Appendix C: Guidance on ADA Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (2010 ADA Title III Regulations: 1991 Preamble and Section-by-Section Analysis)
Separate benefit (Preamble, Section-by-Section Analysis)
The intent of the contractual prohibitions of these paragraphs is to prohibit a public accommodation from doing indirectly, through a contractual relationship, what it may not do directly...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
1.9.1.2.2
1.9.1.2.2 Any sanitary facilities which are made available for the public, clients or employees in such accommodations or facilities....
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State and Local Documents > Codes and Standards > 2019 California Standards
1.9.1.2.2
1.9.1.2.2 Any sanitary facilities which are made available for the public, clients or employees in such accommodations or facilities....
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Federal Documents > Technical Assistance > Withdrawn Technical Assistance: Title III Highlights
I. Who is Covered by Title III of the ADA
The title III regulation covers --
Public accommodations (i.e., private entities that own, operate, lease, or lease to places of public accommodation),
Commercial facilities...
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Additional Access Publications > Emergency Evacuation Planning Guide For People with Disabilities
§301(7)(B)
A restaurant, bar, or other establishment serving food or drink;
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Regulatory Support Documents > Analysis of Final Regulation > Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
16. Reasonable accommodation
Where a handicapped person is not qualified to perform a particular job, where reasonable accommodation does not overcome the effects of a person's handicap, or where reasonable accommodation...
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Drawings and Possible Solutions > CAD/BIM Details
ADA Solutions, Inc. Cast in Place Tactile Surface; Part# 3660IDPAV1
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