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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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....
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State and Local Documents > Codes and Standards > 2013 California Standards for Accessible Design Pocket Guide
11B-233.3.1.2.5 Public housing facility site impracticality
The number of adaptable residential dwelling units required in non-elevator building public housing facilities shall be determined in accordance with Chapter 11A, Section 1150A.1....
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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...
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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...
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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. ...
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Links > Advocacy/Legal Service
The National Fair Housing Advocate
The National Fair Housing Advocate is the leading fair housing resource on the Internet. The NFHAO offers low-cost access to our searchable and ever-growing database of almost 3,500...
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Links > General
Collaboratory for Technology, Health, and Independence (CTHI): University of Michigan
The CTHI Mission
Our mission is to optimize the health and independence of individuals with disabilities across the lifespan through research, development projects, capacity...
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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...
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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...
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State and Local Documents > Codes and Standards > 2025 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...
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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...
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Webinars, Videos, and Training > Spirit of the ADA
ADA25: #8 of 25 -- Higher Education
Does the Americans with Disabilities Act (ADA) apply to Higher Education? You bet! Watch NAD Attorney Anna Bitencourt explain how. View the entire #ADA25 series at...
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Webinars, Videos, and Training > Official Technical Assistance
Access Board: Directional Signage at Inaccessible Entrances
This video is part of a longer animation produced by the U.S. Access Board. View the animation video in its entirety on the Access Board's website...
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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. ...
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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...
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State and Local Documents > Codes and Standards > 2025 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...
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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....
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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....
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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:
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Webinars, Videos, and Training > Spirit of the ADA
Employment Today - Chapter 3 - Duty Statements
Employment Today - Chapter 3 - Duty Statements (by the California Department of Rehabilitation)
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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....
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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....
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Webinars, Videos, and Training > Spirit of the ADA
PSA: We Prepare Everyday by FEMA, the Ready Campaign and Ad Council
The Public Service Announcement emphasizes the Ready Campaign’s four building blocks of preparedness - Be Informed, Make a Plan, Build a Kit and Get Involved....
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Links > Federal Department or Agency
The Fair Housing Information Clearinghouse - A Service of the National Fair Housing Training Academy
Mission
The Fair Housing Information Clearinghouse was established in 2015 to educate the public about their right to housing and lending free from discrimination and what to do if their...