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)
§35.150 Existing facilities
§35.150 Existing facilities.
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Federal Documents > Technical Assistance > Guide to the ADA Standards
Common Questions (New Construction)
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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(b)(2)
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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)
§ 35.105 Self-evaluation.
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
Title II Technical Assistance Manual
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-233.3.1.2 Residential dwelling units with adaptable features
ETA Editor's Note
This section of the 2019 California Building Code was amended by the Division of the State Architect. The requirements in this section were previously found in...
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Federal Documents > Technical Assistance > ADA: Know Your Rights - Returning Service Members with Disabilities
Publications
Publications
The following publications can be ordered by telephone or viewed online....
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Federal Documents > Technical Assistance > Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Scenario 8 – Accessibility
School districts are required to have procedures in place to ensure that parents, students, and other interested persons can obtain information about the location of services, activities...
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Legal Documents > Settlement Agreement Between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System Under the Americans with Disabilities Act
Adoption and Dissemination of Policies
Ensure that University-recognized modifications for students (those granted to individual students through “Accommodations Letters”) are implemented with the supervision of the University...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Are all play areas required to be upgraded to the design specifications in the 2010 ADA Standards for Accessible Design?
This is the program accessibility standard: “A public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are...
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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
PART 36—NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
PART 36—NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
7....
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Interpretations and Opinions > ETA Interpretations and Opinions > What Makes Removal of a Barrier "Readily Achievable"?
If a public accommodation determines that its facilities have barriers that should be removed, but it is not readily achievable to undertake all of the modifications now, what should it do?
If a public accommodation determines that its facilities have barriers that should be removed, but it is not readily achievable to undertake all of the modifications now, what should it...
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Legal Documents > UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER
UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER
HARDY, an individual; and RODOLFO DIAZ, an individual; on behalf of themselves and all others similarly situated, Plaintiffs,
– against –
METROPOLITAN TRANSPORTATION AUTHORITY, a public...
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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
2. Netflix’s Watch Instantly Service Falls Within the Enumerated Categories of Public Accommodations
Netflix’s Watch Instantly Service Falls Within the Enumerated Categories of Public Accommodations
Title III and its implementing regulation enumerate 12 categories of private entities...
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State and Local Documents > Codes and Standards > 2022 California Standards
1028.5 Access to a public way
The exit discharge shall provide a direct and unobstructed access to a public way....
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Products and Additional Resources > Products
Beneficial Designs High Efficiency Trail Assessment Process (HETAP) Software 3.0 Wheeled Instrumentation Sensor Package for Data Collection
Key HETAP and UTAP Differences
HETAP follows the same general principles as its predecessor, UTAP (the Universal Trail Assessment Process). Both collect objective trail...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Service Animals
A public entity is not required to permit a service animal if the animal would create a legitimate safety risk or would fundamentally alter the nature of a public entity’s programs, services...
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Products and Additional Resources > Products
Inclusion Solutions Alternate Entrance Double Sided Sign
"Alternate Entrance" English/Spanish with symbols of accessibility. Sign Height: 14"
Portable, lightweight signs can solve parking and other Election Day...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Federal Publications
Laws
An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities
ADA Checklist for Polling Places...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Effective Communication
Title II Regulations 28 § 35.160
General:
(a) (1) A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public...
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Additional Access Publications > ADA Title II Action Guide for State and Local Governments
Web Accessibility
The increasing use of web sites allows for easy and convenient access to the programs, services, and activities of public entities....
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Federal Documents > Technical Assistance > 2016 ADA CHECKLIST FOR POLLING PLACES
Section G: Ramps
Ward:__________ Precinct:__________ Staff:_______________ Date:_________ Time:_________
Address:_______________________________________ Location...
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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
3. The Department of Justice’s Regulatory Developments Reinforce that Netflix is a Public Accommodation
developments support that Netflix is a public accommodation subject to title III of the ADA....
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Federal Documents > Technical Assistance > Surfacing the Accessible Playground: 7 Things Every Playground Owner Should Know About the Accessibility of Their Playground Surfaces
3. Review the Research Findings About Accessibility Issues for Play Surfaces
All of the playground sites were located in public parks owned/operated by 16 different municipalities from Indiana, Illinois and Michigan....