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)
§35.160 General
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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(d)
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Federal Documents > Regulations > 49 CFR Part 37 - Transportation for Individuals With Disabilities; Reasonable Modification of Policies and Practices
§ 37.17 Designation of responsible employee and adoption of complaint procedures
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Legal Documents > SETTLEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND THE CONNECTICUT STATE DEPARTMENT ON AGING
ADA COORDINATOR
Within six months of the effective date of this Agreement, SDA will appoint or hire one or more ADA Coordinator(s). The ADA Coordinator(s) will coordinate the SDA's effort to...
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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(d) Transition plan
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
Appendix E to Part 37—Reasonable Modification Requests
[80 FR 13261, Mar. 13, 2015, as amended at 80 FR 26196, May 7, 2015]
A. This appendix explains the Department's interpretation of §§37.5(i) and 37.169. It is intended to be used...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-8.2000 Self-evaluation
Which public entities must retain a copy of the self-evaluation? A public entity that employs 50 or more employees must retain its self-evaluation for three years....
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND PALACE SPORTS AND ENTERTAINMENT, LLC, REGARDING THE PALACE OF AUBURN HILLS
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND PALACE SPORTS AND ENTERTAINMENT, LLC, REGARDING THE PALACE OF AUBURN HILLS
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Webinars, Videos, and Training > Continuing education > CASI 2014 Summer Training
Afternoon Session: Consulting with Private and Public Entities
Afternoon Session:
Consulting with Private and Public Entities
James L.E. Terry, AIA, CASp
Evan Terry Associates
© 2014 Evan Terry Associates, P.C....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Subtitle A: State and Local Government Activities
Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from their programs, services, and activities, for example public education...
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
6.1(2)
that specialize in treating conditions that affect mobility, or units within either that specialize in treating conditions that affect mobility - All patient bedrooms and toilets, and all public...
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Federal Documents > Regulations > 24 CFR Part 100—Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines
14.3 Q...are there any requirements for the inside dimensions of these individual parking garages?
These garages would be public and common use space, even though the individual garages may be assigned to a particular dwelling unit....
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Federal Documents > Regulations > 24 CFR Part 100—Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines
14.4 Q. If a covered multifamily dwelling has a below grade common use parking garage, is there a requirement for a vertical clearance to allow vans to park?
In response to comments from the public that the Guidelines for parking specify minimum vertical clearance for garage parking, the Department responded:
No national accessibility standards...
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Federal Documents > Technical Assistance > The ADA and City Governments: Common Problems
The ADA and City Governments: Common Problems
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Legal Documents > SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FLORIDA STATE UNIVERSITY DJ No. 205-17-13
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FLORIDA STATE UNIVERSITY DJ No. 205-17-13
SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND
FLORIDA STATE UNIVERSITY
DJ No. 205-17-13
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Section 35.160 Communications (Section-by-Section Analysis)
the public with disabilities, but to their companions as well....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Undue Burden
This determination can only be made by the head of the public entity or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion....
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Undue Burden
Public entities are not required to provide an auxiliary aid or service that would fundamentally alter the program, service, or activity or would result in undue financial and administrative...
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Links > Federal Department or Agency
Student Placement in Elementary and Secondary Schools and Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act
Student Placement in Elementary and Secondary Schools and Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual - 1994 Supplement
II-7.1000 Equally effective communication.
The university could make the machines accessible to S by Brailling the instructions onto adhesive labels and placing the labels (or a Brailled template) on the machines....
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Interpretations and Opinions > ETA Interpretations and Opinions > What Makes Removal of a Barrier "Readily Achievable"?
Does the ADA require barrier removal in historic buildings?
be considered "readily achievable" if it would threaten or destroy the historic significance of a building or facility that is eligible for listing in the National Register of Historic Places...
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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 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
Because title II evaluates a public entity's programs, services, and activities in their entirety, public entities have flexibility in addressing accessibility issues....
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Federal Documents > Technical Assistance > Access for 9-1-1 and Telephone Emergency Services
Q: Can PSAPs rely on State relay services to answer emergency calls from persons who are deaf, hard of hearing, or who have speech impairments?
However, if a person placing a call to a PSAP voluntarily chooses to rely on a telephone relay service, the PSAP must answer and respond appropriately to such a call....
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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...