American with Disabilities Act
Subchapter III - Public Accommodations and Services by
Private Entities [Title III]
Sec. 12181. Definitions
As used in this subchapter:
(1) Commerce
The term commerce means travel, trade, traffic, commerce,
transportation, or communication
(A) among the several States.
(B) between any foreign country or any territory or
possession and any State; or
(C) between points in the same State but through another
State or foreign country.
(2) Commercial facilities
The term commercial facilities means facilities
(A) that are intended for nonresidential use; and
(B) whose operations will affect commerce.
Such term shall not include railroad locomotives, railroad
freight cars, railroad cabooses, railroad cars described in section 12162 of
this title or covered under this subchapter, railroad rights-of-way, or
facilities that are covered or expressly exempted from coverage under the Fair
Housing Act of 1968 (42 U.S.C. 3601 et seq.).
(3) Demand responsive system
The term demand responsive system means any system of
providing transportation of individuals by a vehicle, other than a system which
is a fixed route system.
(4) Fixed route system
The term fixed route system means a system of providing
transportation of individuals (other than by aircraft) on which a vehicle is
operated along a prescribed route according to a fixed schedule.
(5) Over-the-road bus
The term over-the-road bus means a bus characterized by
an elevated passenger deck located over a baggage compartment.
(6) Private entity
The term private entity means any entity other than a
public entity (as defined in section 12131(1) of this title).
(7) Public accommodation
The following private entities are considered public
accommodations for purposes of this subchapter, if the operations of such
entities affect commerce
(A) an inn, hotel, motel, or other place of lodging, except
for an establishment located within a building that contains not more than five
rooms for rent or hire and that is actually occupied
by the proprietor of such establishment as the residence of such proprietor;
(B) a restaurant, bar, or other establishment serving food
or drink;
(C) a motion picture house, theater, concert hall, stadium,
or other place of exhibition entertainment;
(D) an auditorium, convention center, lecture hall, or
other place of public gathering;
(E) a bakery, grocery store, clothing store, hardware
store, shopping center, or other sales or rental establishment;
(F) 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;
(G) a terminal, depot, or other station used for specified
public transportation;
(H) a museum, library, gallery, or other place of public
display or collection;
(I) a park, zoo, amusement park, or other place of recreation;
(J) a nursery, elementary, secondary, undergraduate, or
postgraduate private school, or other place of education;
(K) a day care center, senior citizen center, homeless
shelter, food bank, adoption agency, or other social service center
establishment; and
(L) a gymnasium, health spa, bowling alley, golf course, or
other place of exercise or recreation.
(8) Rail and railroad
The terms rail and railroad have the meaning given the
term railroad in section 20102[1] of title 49.
(9) Readily achievable
The term readily achievable means easily accomplishable
and able to be carried out without much difficulty or expense. In determining
whether an action is readily achievable, factors to be considered include
(A) the nature and cost of the action needed under this chapter;
(B) the overall financial resources of the facility or
facilities involved in the action; the number of persons
employed at such facility; the effect on expenses and resources, or the impact
otherwise of such action upon the operation of the facility;
(C) the overall financial resources of the covered entity;
the overall size of the business of a covered entity with respect to the number
of its employees; the number, type, and location of its facilities; and
(D) the type of operation or operations of the covered
entity, including the composition, structure, and functions of the workforce of
such entity; the geographic separateness, administrative or fiscal relationship
of the facility or facilities in question to the covered entity.
(10) Specified public transportation
The term specified public transportation means
transportation by bus, rail, or any other conveyance (other than by aircraft)
that provides the general public with general or
special service (including charter service) on a regular and continuing basis.
(11) Vehicle
The term vehicle does not include a rail passenger car,
railroad locomotive, railroad freight car, railroad caboose, or a railroad car
described in section 12162 of this title or covered under this subchapter.
Sec. 12182. Prohibition of discrimination by public accommodations
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment
of the goods, services, facilities, privileges, advantages, or accommodations
of any place of public accommodation by any person who owns, leases (or leases
to), or operates a place of public accommodation.
(1) General prohibition
(A) Activities
(i) Denial of participation
It shall be discriminatory to subject an individual or
class of individuals on the basis of a disability or disabilities of such
individual or class, directly, or through contractual, licensing, or other
arrangements, to a denial of the opportunity of the individual or class to
participate in or benefit from the goods, services, facilities, privileges,
advantages, or accommodations of an entity.
(ii) Participation in unequal benefit
It shall be discriminatory to afford an individual or class
of individuals, on the basis of a disability or disabilities of such individual
or class, directly, or through contractual, licensing, or other arrangements
with the opportunity to participate in or benefit from a good, service,
facility, privilege, advantage, or accommodation that is not equal to that
afforded to other individuals.
(iii) Separate benefit
It shall be discriminatory to provide an individual or
class of individuals, on the basis of a disability or disabilities of such
individual or class, directly, or through contractual, licensing, or other
arrangements with a good, service, facility, privilege, advantage, or
accommodation that is different or separate from that provided to other
individuals, unless such action is necessary to provide the individual or class
of individuals with a good, service, facility, privilege, advantage, or
accommodation, or other opportunity that is as effective as that provided to
others.
(iv) Individual or class of individuals
For purposes of clauses (i)
through (iii) of this subparagraph, the term individual or class of
individuals refers to the clients or customers of the covered public
accommodation that enters into the contractual,
licensing or other arrangement.
(B) Integrated settings
Goods, services, facilities, privileges, advantages, and
accommodations shall be afforded to an individual with a disability in the most
integrated setting appropriate to the needs of the individual.
(C) Opportunity to participate
Notwithstanding the existence of separate or different
programs or activities provided in accordance with this section, an individual
with a disability shall not be denied the opportunity
to participate in such programs or activities that are not separate or
different.
(D) Administrative methods
An individual or entity shall not, directly or through
contractual or other arrangements, utilize standards or criteria or methods of
administration
(i) that have the effect of
discriminating on the basis of disability; or
(ii) that perpetuate the discrimination of others who are
subject to common administrative control.
(E) Association
It shall be discriminatory to exclude or otherwise deny
equal goods, services, facilities, privileges, advantages, accommodations, or
other opportunities to an individual or entity because of the known disability
of an individual with whom the individual or entity is known to have a
relationship or association.
(2) Specific prohibitions
(A) Discrimination
For purposes of subsection (a) of this section,
discrimination includes
(i) the imposition or application
of eligibility criteria that screen out or tend to screen out an individual
with a disability or any class of individuals with disabilities from fully and
equally enjoying any goods, services, facilities, privileges, advantages, or
accommodations, unless such criteria can be shown to be necessary for the
provision of the goods, services, facilities, privileges, advantages, or
accommodations being offered;
(ii) a failure to make reasonable modifications in
policies, practices, or procedures, when such modifications are necessary to
afford such goods, services, facilities, privileges, advantages, or
accommodations to individuals with disabilities, unless the entity can
demonstrate that making such modifications would fundamentally alter the nature
of such goods, services, facilities, privileges, advantages, or accommodations;
(iii) a failure to take such steps as may be necessary to
ensure that no individual with a disability is excluded, denied services,
segregated or otherwise treated differently than other individuals because of
the absence of auxiliary aids and services, unless the entity can demonstrate
that taking such steps would fundamentally alter the nature of the good,
service, facility, privilege, advantage, or accommodation being offered or
would result in an undue burden;
(iv) a failure to remove architectural barriers, and
communication barriers that are structural in nature, in existing facilities,
and transportation barriers in existing vehicles and rail passenger cars used
by an establishment for transporting individuals (not including barriers that
can only be removed through the retrofitting of vehicles or rail passenger cars
by the installation of a hydraulic or other lift), where such removal is
readily achievable; and
(v) where an entity can demonstrate that the removal of a
barrier under clause (iv) is not readily achievable, a failure to make such
goods, services, facilities, privileges, advantages, or accommodations
available through alternative methods if such methods are readily achievable.
(B) Fixed route system
(i) Accessibility
It shall be considered discrimination for a private entity
which operates a fixed route system and which is not subject to section 12184
of this title to purchase or lease a vehicle with a seating capacity in excess
of 16 passengers (including the driver) for use on such system, for which a
solicitation is made after the 30th day following the effective date of this
subparagraph, that is not readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs.
(ii) Equivalent service
If a private entity which operates a fixed route system and
which is not subject to section 12184 of this title purchases or leases a
vehicle with a seating capacity of 16 passengers or less (including the driver)
for use on such system after the effective date of this subparagraph that is
not readily accessible to or usable by individuals with disabilities, it shall
be considered discrimination for such entity to fail to operate such system so
that, when viewed in its entirety, such system ensures a level of service to
individuals with disabilities, including individuals who use wheelchairs,
equivalent to the level of service provided to individuals without
disabilities.
(C) Demand responsive system
For purposes of subsection (a) of this section,
discrimination includes
(i) a failure of a private entity
which operates a demand responsive system and which is not subject to section
12184 of this title to operate such system so that, when viewed in its
entirety, such system ensures a level of service to individuals with disabilities,
including individuals who use wheelchairs, equivalent to the level of service
provided to individuals without disabilities; and
(ii) the purchase or lease by such entity for use on such
system of a vehicle with a seating capacity in excess of 16 passengers
(including the driver), for which solicitations are made after the 30th day
following the effective date of this subparagraph, that is not readily
accessible to and usable by individuals with disabilities (including
individuals who use wheelchairs) unless such entity can demonstrate that such
system, when viewed in its entirety, provides a level of service to individuals
with disabilities equivalent to that provided to individuals without
disabilities.
(D) Over-the-road buses
(i) Limitation on applicability
Subparagraphs (B) and (C) do not apply to over-the-road
buses.
(ii) Accessibility requirements
For purposes of subsection (a) of this section,
discrimination includes
(I) the purchase or lease of an over-the-road bus which
does not comply with the regulations issued under section 12186(a)(2) of this
title by a private entity which provides transportation of individuals
and which is not primarily engaged in the business of transporting people, and
(II) any other failure of such entity to comply with such
regulations.
(3) Specific construction
Nothing in this subchapter shall require an entity to
permit an individual to participate in or benefit from the goods, services,
facilities, privileges, advantages and accommodations of such entity where such
individual poses a direct threat to the health or safety of others. The term
direct threat means a significant risk to the health or safety of others that
cannot be eliminated by a modification of policies, practices, or procedures or
by the provision of auxiliary aids or services.