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.
-
Legal Documents > National Association of the Deaf, Western Massachusetts Association of the Deaf and Hearing Impaired, and Lee Nettles, Plaintiffs v. NETFLIX, INC., Defendant - Statement of Interest
1. Carparts Held That Public Accommodations are Not Limited to Physical Structures
Defendant’s discussion of Carparts in support of its assertion that it is not a public accommodation is inaccurate and misleading....
-
Federal Documents > Standards > 1991 ADA Standards for Accessible Design
4.1.2(1)
(1) At least one accessible route complying with 4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones...
-
Federal Documents > Standards > Uniform Federal Accessibility Standards (UFAS)
4.1.1(1)
(1) At least one accessible route complying with 4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones...
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Section 35.136 Service Animals (Section-by-Section Analysis)
that making the modifications would fundamentally alter the nature of the public entity's service, program, or activity....
-
Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)
§ 35.150(b)(2) Safe harbor
If a public entity has constructed or altered elements in an existing facility in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standard...
-
Links > Federal Department or Agency
DOE "Dear Colleague" Letter: and Resource Guide on Students with ADHD (July 26, 2016)
I write this letter to clarify and provide guidance on the Federal obligations of school districts that receive Federal financial assistance from the U.S. Department of Education...
-
Legal Documents > LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)
Questions presented:
Is the replacement of a staircase at an existing public transportation facility an “alteration” that affects or could affect the usability of a facility for purposes of the ADA and...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Certification of Equivalent Service
In accordance with 49 CFR 37.77, public entities operating demand responsive systems for the general public which receive financial assistance under 49 U.S.C. 5311 must file this certification...
-
State and Local Documents > Codes and Standards > 2022 California Standards
1009.2 Continuity and components
Each required accessible means of egress shall be continuous to a public way and shall consist of one or more of the following components:
Accessible routes complying with Chapter...
-
Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Appoint an ADA Coordinator
If a public entity has 50 or more employees, it is required to designate at least one responsible employee to coordinate ADA compliance. ...
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Section 37.121 Requirement for Comparable Complementary Paratransit Service
Section 37.121 Requirement for Comparable Complementary Paratransit Service
This section sets forth the basic requirement that all public entities who operate a fixed route system have...
-
Legal Documents > LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)
Brief Answers
federal appellate case law, and the Department of Justice’s (DOJ) interpretation of the ADA’s legislative history each dictate that costs and cost-disproportionality may be considered by a public...
-
Links > Publication
Accessible Shared Streets: Notable Practices and Considerations for Accommodating Pedestrians with Vision Disabilities
This document reviews notable practices and considerations for accommodating pedestrians with vision disabilities on shared streets....
-
Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Step 5 - Conduct a Self-Evaluation
The self-evaluation is a comprehensive review of all programs, activities, and services operated by the public entity. ...
-
State and Local Documents > Codes and Standards > 2022 California Standards
11B-233.2 Reserved
[2010 ADA Standards] 233.2 Residential Dwelling Units Provided by Entities Subject to HUD Section 504 Regulations. Where facilities with residential dwelling units are provided by...
-
State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
217.2 Wheelchair Accessible Telephones
Where public telephones are provided, wheelchair accessible telephones complying with 704.2 shall be provided in accordance with Table 217.2....
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.21(a)
(a) This part applies to the following entities, whether or not they receive Federal financial assistance from the Department of Transportation:
-
Federal Documents > Standards > ABA Accessibility Standard for GSA Facilities Pocket Guide
F217.2 Wheelchair Accessible Telephones
Where public telephones are provided, wheelchair accessible telephones complying with 704.2 shall be provided in accordance with Table F217.2....
-
State and Local Documents > Codes and Standards > 2012 Florida Accessibility Code
217.2 Wheelchair Accessible Telephones
Where public telephones are provided, wheelchair accessible telephones complying with 704.2 shall be provided in accordance with Table 217.2....
-
Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.43 Alteration of transportation facilities by public entities
-
Federal Documents > Technical Assistance > ADA Business Connection: Maintaining Accessibility in Museums
Accessible Entrances
Entry doors with power operators should remain powered during all hours that the museum is open to the public....
-
Webinars, Videos, and Training > Spirit of the ADA
Service and Companion Animal Owners: Know Your Rights!
Service and Companion Animal Owners
Service and companion animals can help people with disabilities go about their daily lives. Unfortunately, there’s still a lot of confusion...
-
Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.162 Telephone Emergency Services
§35.162 Telephone Emergency Services
Many public entities provide telephone emergency services by which individuals can seek immediate assistance from police, fire, ambulance, and other...
-
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)
§ 35.149 Discrimination prohibited.
Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities...