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 > 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....
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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)
§ 35.149 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...
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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...
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Rulemaking Process Documents > Other Documents > 28 CFR Parts 35 and 36 Amendment of ADA Title II and Title III Regulations To Implement ADA Amendments Act of 2008 - Final Rule
Sections §§ 35.108(d)(1)(vii) and 36.105(d)(1)(vii)—Comparison of Individual’s Performance of Major Life Activity Usually Will Not Require Scientific, Medical, or Statistical Analysis
The Department does not consider it appropriate to include provisions related to testing accommodations in the definitional sections of the ADA regulations....
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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)
§35.149 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...
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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...
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.43 Alteration of transportation facilities by public entities
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Federal Documents > Regulations > 49 CFR Parts 37 & 38 - Department of Transportation (DOT) ADA Regulations
§ 37.21(a)(1)
(1) Any public entity that provides designated public transportation or intercity or commuter rail transportation;...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Safe Harbor
Examples
A public university library built in 1998 has light switches at 53 inches above the floor....
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Federal Documents > Technical Assistance > Employer-Provided Leave and the Americans with Disabilities Act
Employer-Provided Leave and the Americans with Disabilities Act
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507
Employer-Provided Leave and the Americans with Disabilities Act1
(May 9, 2016)
[1] This...
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State and Local Documents > Codes and Standards > 2012 Texas Accessibility Standards
226.1 General
Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of the seating spaces and standing spaces at the dining surfaces shall comply with 902. In...
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.150 Existing Facilities
The regulation makes clear, however, that a public entity is not required to make each of its existing facilities accessible (§ 35.150(a)(1))....
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Federal Documents > Preamble to Regulations > 28 CFR Part 35, Appendix B: 1991 ADA Title II Regulations Preamble and Section-by-Section Analysis
§35.160 General
§35.160 General
Section 35.160 requires the public entity to take such steps as may be necessary to ensure that communications with applicants, participants, and members of the public...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Self-Evaluation Forms
Feel free to edit the forms to suit your public entity....
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Order Granting Plaintiff's Motion for Partial Summary Judgment
A. The Substantive Legal Dispute
cracked, crumbled, steep, sunken, or uneven or that have improper slopes or broken and inaccessible surfaces; (3) physical obstacles on the sidewalk between intersections, such as improperly placed...
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Research and History > Regulations and Standards History > Equality of Opportunity: The Making of the Americans with Disabilities Act
Epilogue
In the areas of employment, public services, public accommodations, and telecommunications, the ADA took steps to break down barriers that stood in the way of persons with disabilities and...
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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....
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Federal Documents > Technical Assistance > Access for 9-1-1 and Telephone Emergency Services
Q: If a PSAP complies with a State law, which requires only one TTY per PSAP, is that PSAP also in compliance with the ADA?
Q: If a PSAP complies with a State law, which requires only one TTY per PSAP, is that PSAP also in compliance with the ADA?
A: No. Satisfying State law requirements does not mean...
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Federal Documents > Technical Assistance > Access for 9-1-1 and Telephone Emergency Services
Q: If a PSAP uses TTY detection equipment, does it still have to query every silent call with a TTY?
Q: If a PSAP uses TTY detection equipment, does it still have to query every silent call with a TTY?
A: Yes. Some PSAPs have installed equipment that detects TTY calls and...
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Federal Documents > Technical Assistance > Access for 9-1-1 and Telephone Emergency Services
Relationship Between Primary and Secondary PSAPs
Primary PSAPs (9-1-1 answering points) often transfer calls to secondary PSAPs (such as fire or emergency medical services) if they do not dispatch those services directly from the...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Terms
Monitoring and Fees
Monitoring and Fees – During the first five years of the Compliance Period, Plaintiffs may conduct semi-annual inspections of the City’s drawings and/or designs regarding the...
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Disputes and Disagreements Regarding FAPE and non-FAPE Matters
Conflicts between parents and school personnel about Section 504 issues may be resolved through due process or through the school district’s established grievance...
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Legal Documents > WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims
17. Grievance and Complaint System
17. Grievance and Complaint System
Within six (6) months after the commencement of the Compliance Period, and with input from Class Counsel, the City shall establish a policy and...
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Federal Documents > Regulations > 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance (with amendments issued through July 2017)
§104.54 Education of institutionalized persons.
A recipient to which this subpart applies and that operates or supervises a program or activity that provides aid, benefits or services for persons who are institutionalized because...