The Americans With Disabilities Act (ADA):
Title III: Public Accommodations
- What is the ADA?
- What is a public accommodation?
- What is required of public accommodations?
- Are public accommodations required to be architecturally accessible?
- When must public accommodations offer "auxiliary aids and services" to ensure communication accessibility?
- Must examinations and courses be made accessible?
- Who can enforce Title III of the ADA?
- ADA Title III Links
What is the ADA?
The Americans with Disabilities Act (ADA) is a federal law forbidding discrimination against persons with disabilities passed by Congress and signed by President Bush on July 26,1990. It may be found at 42 U.S.C. 12101, et. seq. It is divided into five titles. Title 1 covers employment discrimination. Title II forbids discrimination in public services: including those offered by state and local government, public bus systems and public rail systems. Title III covers public accommodations offering goods or services to the general public, including transportation services provided by privately owned bus and rail companies. Title IV sets out the requirements for telecommunications relay services. Title V contains various miscellaneous provisions.Under all five titles a person with a disability may be either:
- A person with a physical or mental impairment that substantially limits one or more major life activities (examples: walking, seeing, hearing, speaking, breathing, working, etc.). The severity of the impairment is assessed without regard to medication or assistive devices (crutches, wheelchairs, hearing aids, etc.),
- A person with a record of a disability, or
- A person who is regarded as having a disability, I. e., someone with a less severe impairment who is treated by others as having an impairment which limits a major life activity.
Discrimination based on the current illegal use of drugs is not unlawful under the ADA. Health services, however, cannot exclude individuals currently engaged in the illegal use of drugs.
The ADA does not consider homosexuality and bisexuality to be disabling impairments. The term disability does not include what the ADA describes as sexual disorders (transvestism, transexualism, pedophilia, exhibitionism, etc.), nor does it include compulsive gambling, pyromania, or kleptomania.
This section covers the protections against discrimination in places of public accommodation contained in Title III of the ADA. 42 U.S.C. 12181-12189. The title outlaws discrimination against persons with disabilities in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations in any place of public accommodation.
[Return to top] What is a public accommodation?
A place of public accommodation is a facility fitting one of the following 12 categories:
- Places of lodging like a hotel or motel
- Places serving food such as restaurants or bars
- Places of exhibition or entertainment (theaters, stadiums)
- Places of public gathering like a convention center
- Sales (retail or wholesale) or rental establishments (stores, malls, shopping centers, etc.)
- Service establishments such as banks, cleaners, insurance agencies, hospitals, doctors' offices, law firms, etc.
- Places used for public transportation like bus depots, train stations (excluding airports)
- Places of public display or collection (museums, libraries)
- Parks, zoos or other places of recreation
- Private schools and places of education
- Social services centers like food banks or day-care centers
- Gyms, bowling alleys, golf courses and similar recreational facilities
Title III applies only to places of public accommodation which are owned, leased, or operated by a private entity (Title II of the ADA covers governmental services and facilities). Private membership clubs and religious entities are exempt from this title of the ADA.
[Return to top] What is required of public accommodations?
Generally, public accommodations may not exclude people with disabilities, nor deny them goods or services. They may not discriminate either directly or by contract. Goods and services must be offered in the most integrated setting appropriate to the needs of the individual. If specialized programs for the disabled are offered, individuals with disabilities may choose to participate in the more general programs.Eligibility criteria may not be used to screen out individuals with disabilities unless such criteria can be shown to be necessary for the provision of goods and services. Legitimate safety requirements may be imposed but they must be based on actual risks and facts, not on speculation or stereotypes.
A public accommodation must make reasonable modifications in its policies, practices and procedures when necessary to afford goods and services to persons with disabilities unless it can demonstrate that the modifications would fundamentally alter the nature of the goods and services provided. Service animals may not be excluded. Surcharges cannot be imposed solely on persons with disabilities to cover the cost of compliance with the ADA . It is also unlawful to discriminate against non-disabled individuals because they associate with persons with disabilities.
[Return to top] Are public accommodations required to be architecturally accessible?
New construction. All public accommodations first occupied after 1-26-93 must be accessible to and usable by persons with disabilities; meaning built in compliance with U.S. Department of Justice regulations and ADA Accessibility Guidelines. Elevators are not required, however, for buildings with less than three stories or less than 3,000 square feet per story unless the building is a shopping mall, public transportation depot or terminal, or a health care provider's office. Areas used by employees, not the general public, do not have to be made accessible.Existing facilities. Existing facilities must also be made accessible by removing architectural, communication, and transportation barriers where it is "readily achievable" to do so. "Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. Facilities existing at the time the ADA passed in 1990 were granted a grace period during which enforcement actions could not be brought. The last grace period expired on 1-26-93.
Readily achievable barrier removal is an ongoing obligation. Compliance with ADA Accessibility Guidelines is required if readily achievable. If full accessibility is not readily achievable at once, the ADA establishes priorities for compliance. The highest priorities are access to the facility, followed by access to goods and services. Access to public rest rooms is the third priority, followed by remaining measures.
Assembly areas must provide a reasonable number of wheelchair seating spaces and seats with removable arm rests. Spaces should be dispersed, enjoin an accessible route, permit individuals to sit with companions and provide a range of ticket prices.
If barrier removal is not readily achievable, goods and services must be made available by alternative methods. Such methods include curb service, retrieving merchandise from high shelves, rotation of films in multi-screen theaters, etc..
Alterations. If it existing facility is altered, the altered area must be accessible to the maximum extent feasible. Moreover an accessible path of travel to the altered area must be provided.
Tax credits and deductions. To help small businesses comply, Congress approved a tax credit of up to 50 % of the amount spent on removing barriers and providing auxiliary aids/services. A small business is one with gross receipts of up to $1 million annually or up to 30 full-time employees. Businesses of any size may receive a tax deduction of up to $15,000.
[Return to top] When must public accommodations offer "auxiliary aids and services" to ensure communication accessibility?
"Auxiliary aids and services" must be provided if necessary to avoid segregating or excluding an individual with a disability or denying goods or services unless providing them would either fundamentally alter the nature of the goods and services or be an undue burden (requiring significant difficulty or expense). The public accommodation may choose which auxiliary aid or service to provide, so long as it provides effective communication.Examples of auxiliary aids and services include:
- Qualified interpreters, decoders, open and closed captioning, TDDs, etc.
- Qualified readers, audio recordings, Braille, large print, etc.
- Speech synthesizers, computer terminals, etc.
- Acquisition or modification of equipment or devices
TDDs are not required where outgoing calls are on an incidental or convenience basis. Closed caption decoders are required in places of lodging that have five or more guest rooms. Disabled individuals may not be required to pay surcharges for auxiliary aids and services.
[Return to top] Must examinations and courses be made accessible?
Yes. Organizations offering exams or courses related to licensing or certification for educational, professional, or trade purposes must offer them in an accessible place and manner. Examples include: real estate licensing courses, Law School Aptitude Test (LSAT) courses and interior design credentialing exams.Auxiliary aids and services must be provided unless to do so would create a fundamental alteration or cause an undue burden. Architectural access or alternative accessible arrangements must be provided. Changes in the length of exams or in the manner in which they are given may be required. Integrated settings for courses are not mandated, but in most cases entities offering courses are public accommodations which are mandated to have such integration.
[Return to top] Who can enforce Title III of the ADA?
Private individuals. Private individuals may file complaints with the Department of Justice, file lawsuits in federal court or (if all parties agree) resolve disputes through arbitration or mediation. A court may not award damages to the private individual, but may order the public accommodation to comply with the law and pay for the individual's attorneys fees/other costs. If a building is being newly constructed or altered, suit may be filed before construction is completed.U.S. Attorney General. The Attorney General may sue where there is a pattern or practice of discrimination or a case of general public importance. In addition to getting an order to follow the law, the Attorney General may ask the court to fine the public accommodation up to $50,000 for a first violation and $100,000 for a second. The Attorney General may also ask the court to award damages to individuals harmed by the violations.
If you feel your rights have been violated, you may want to consult an attorney. If you do not know one or cannot afford one, you can call either:
Washoe Legal Services -or- Nevada Disability Advocacy and Law Center
650 Tahoe Street 1201 Terminal Way, Suite 219
Reno, Nevada 89509 Reno, Nevada 89502
(775) 329-2727 (775) 333-7878
(775) 324-5509 (fax) (775) 788-7825 (fax)
(775)788-7824(TTY)[Return to top] ADA Title III Links
The following web sites may provide additional or assistance:U.S. Department of Justice
http://wwwusdoj.gov/crt/ada/adahom1.htmU.S. Architectural and Transportation Barriers and Compliance Bd.
http://www.acess-board.govI.R.S. (Tax credits)
http://www.irs.ustreas.govDisability and Business Technical Assistance Centers
http://www.icdi.wvu.edu/tech/ada.htm[Return to top]