I. Who is Covered by Title III of the ADA

 

- The title III regulation covers --

 

Public accommodations (i.e., private entities that own,

operate, lease, or lease to places of public accommodation),

 

Commercial facilities, and

 

Private entities that offer certain examinations and courses

related to educational and occupational certification.

 

- Places of public accommodation include over five million

private establishments, such as restaurants, hotels, theaters,

convention centers, retail stores, shopping centers, dry cleaners,

laundromats, pharmacies, doctors' offices, hospitals, museums,

libraries, parks, zoos, amusement parks, private schools, day care

centers, health spas, and bowling alleys.

 

- Commercial facilities are nonresidential facilities, including

office buildings, factories, and warehouses, whose operations

affect commerce.

 

- Entities controlled by religious organizations, including

places of worship, are not covered.

 

- Private clubs are not covered, except to the extent that the

facilities of the private club are made available to customers or

patrons of a place of public accommodation.

 

- State and local governments are not covered by the title III

regulation, but rather by the Department of Justice's title II

regulation.

 

II. Overview of Requirements

 

- Public accommodations must --

 

Provide goods and services in an integrated setting, unless

separate or different measures are necessary to ensure equal

opportunity.

Eliminate unnecessary eligibility standards or rules that deny

individuals with disabilities an equal opportunity to enjoy the

goods and services of a place of public accommodation.

 

Make reasonable modifications in policies, practices, and

procedures that deny equal access to individuals with disabilities,

unless a fundamental alteration would result in the nature of the

goods and services provided.

 

Furnish auxiliary aids when necessary to ensure effective

communication, unless an undue burden or fundamental alteration

would result.

 

Remove architectural and structural communication barriers in

existing facilities where readily achievable.

 

Provide readily achievable alternative measures when removal

of barriers is not readily achievable.

 

Provide equivalent transportation services and purchase

accessible vehicles in certain circumstances.

 

Maintain accessible features of facilities and equipment.

 

Design and construct new facilities and, when undertaking

alterations, alter existing facilities in accordance with the

Americans with Disabilities Act Accessibility Guidelines issued by

the Architectural and Transportation Barriers Compliance Board and

incorporated in the final Department of Justice title III

regulation.

 

- A public accommodation is not required to provide personal

devices such as wheelchairs; individually prescribed devices (e.g.,

prescription eyeglasses or hearing aids); or services of a personal

nature including assistance in eating, toileting, or dressing.

 

- A public accommodation may not discriminate against an

individual or entity because of the known disability of a person

with whom the individual or entity is known to associate.

 

- Commercial facilities are only subject to the requirement that

new construction and alterations conform to the ADA Accessibility

Guidelines. The other requirements applicable to public

accommodations listed above do not apply to commercial facilities.

 

- Private entities offering certain examinations or courses

(i.e., those related to applications, licensing, certification, or

credentialing for secondary or postsecondary education,

professional, or trade purposes) must offer them in an accessible

place and manner or offer alternative accessible arrangements.

 

III. "Individuals with Disabilities"

 

- The Americans with Disabilities Act provides comprehensive

civil rights protections for
"individuals with disabilities."

 

- An individual with a disability is a person who --

Has a physical or mental impairment that substantially limits

one or more "major life activities," or

 

Has a record of such an impairment, or

 

Is regarded as having such an impairment.

 

- Examples of physical or mental impairments include, but are

not limited to, such contagious and noncontagious diseases and

conditions as orthopedic, visual, speech, and hearing impairments;

cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,

cancer, heart disease, diabetes, mental retardation, emotional

illness, specific learning disabilities, HIV disease (whether

symptomatic or asymptomatic), tuberculosis, drug addiction, and

alcoholism. Homosexuality and bisexuality are not physical or

mental impairments under the ADA.

 

- "Major life activities" include functions such as caring for

oneself, performing manual tasks, walking, seeing, hearing,

speaking, breathing, learning, and working.

 

- Individuals who currently engage in the illegal use of drugs

are not protected by the ADA when an action is taken on the basis

of their current illegal use of drugs.

 

IV. Eligibility for Goods and Services

 

- In providing goods and services, a public accommodation may

not use eligibility requirements that exclude or segregate

individuals with disabilities, unless the requirements are

"necessary" for the operation of the public accommodation.

 

For example, excluding individuals with cerebral palsy from a

movie theater or restricting individuals with Down's Syndrome to

only certain areas of a restaurant would violate the regulation.

 

- Requirements that tend to screen out individuals with

disabilities, such as requiring a blind person to produce a

driver's license as the sole means of identification for cashing a

check, are also prohibited.

 

- Safety requirements may be imposed only if they are necessary

for the safe operation of a place of public accommodation. They

must be based on actual risks and not on mere speculation,

stereotypes, or generalizations about individuals with

disabilities.

 

For example, an amusement park may impose height requirements

for certain rides when required for safety.

 

- Extra charges may not be imposed on individuals with

disabilities to cover the costs of measures necessary to ensure

nondiscriminatory treatment, such as removing barriers or providing

qualified interpreters.

 

V. Modifications in Policies, Practices, and Procedures

 

- A public accommodation must make reasonable modifications in

its policies, practices, and procedures in order to accommodate

individuals with disabilities.

 

- A modification is not required if it would "fundamentally

alter" the goods, services, or operations of the public

accommodation.

 

 

For example, a department store may need to modify a policy of

only permitting one person at a time in a dressing room if an

individual with mental retardation needs the assistance of a

companion in dressing.

- Modifications in existing practices generally must be made to

permit the use of guide dogs and other service animals.

 

- Specialists are not required to provide services outside of

their legitimate areas of specialization.

 

For example, a doctor who specializes exclusively in burn

treatment may refer an individual with a disability, who is not

seeking burn treatment, to another provider. A burn specialist,

however, could not refuse to provide burn treatment to, for

example, an individual with HIV disease.

 

VI. Auxiliary Aids

 

- A public accommodation must provide auxiliary aids and

services when they are necessary to ensure effective communication

with individuals with hearing, vision, or speech impairments.

 

- "Auxiliary aids" include such services or devices as qualified

interpreters, assistive listening headsets, television captioning

and decoders, telecommunications devices for deaf persons (TDD's),

videotext displays, readers, taped texts, brailled materials, and

large print materials.

 

- The auxiliary aid requirement is flexible. For example, a

brailled menu is not required, if waiters are instructed to read

the menu to blind customers.

 

- Auxiliary aids that would result in an undue burden, (i.e.,

"significant difficulty or expense") or in a fundamental alteration

in the nature of the goods or services are not required by the

regulation. However, a public accommodation must still furnish

another auxiliary aid, if available, that does not result in a

fundamental alteration or an undue burden.

 

VII. Existing Facilities: Removal of Barriers

 

- Physical barriers to entering and using existing facilities

must be removed when "readily
achievable."

 

- Readily achievable means "easily accomplishable and able to be

carried out without much difficulty or expense."

 

- What is readily achievable will be determined on a

case-by-case basis in light of the resources available.

 

The regulation does not require the rearrangement of temporary

or movable structures, such as furniture, equipment, and display

racks to the extent that it would result in a significant loss of

selling or serving space.

 

Legitimate safety requirements may be considered in

determining what is readily achievable so long as they are based on

actual risks and are necessary for safe operation.

 

- Examples of barrier removal measures include --

 

Installing ramps,

 

Making curb cuts at sidewalks and entrances,

 

Rearranging tables, chairs, vending machines, display racks,

and other furniture,

 

Widening doorways,

 

Installing grab bars in toilet stalls, and

 

Adding raised letters or braille to elevator control buttons.

 

- First priority should be given to measures that will enable

individuals with disabilities to "get in the front door," followed

by measures to provide access to areas providing goods and

services.

 

- Barrier removal measures must comply, when readily achievable,

with the alterations requirements of the ADA Accessibility

Guidelines. If compliance with the Guidelines is not readily

achievable, other safe, readily achievable measures must be taken,

such as installation of a slightly narrower door than would be

required by the Guidelines.

 

VIII. Existing Facilities: Alternatives to Barrier Removal

 

- The ADA requires the removal of physical barriers, such as

stairs, if it is "readily achievable." However, if removal is not

readily achievable, alternative steps must be taken to make goods

and services accessible.

 

Examples of alternative measures include --

Providing goods and services at the door, sidewalk, or curb,

 

Providing home delivery,

 

Retrieving merchandise from inaccessible shelves or racks,

 

Relocating activities to accessible locations.

 

- Extra charges may not be imposed on individuals with

disabilities to cover the costs of measures used as alternatives to

barrier removal. For example, a restaurant may not charge a

wheelchair user extra for home delivery when it is provided as the

alternative to barrier removal.

 

IX. New Construction

 

- All newly constructed places of public accommodation and

commercial facilities must be accessible to individuals with

disabilities to the extent that it is not structurally

impracticable.

 

- The new construction requirements apply to any facility

occupied after January 26, 1993, for which the last application for

a building permit or permit extension is certified as complete

after January 26, 1992.

 

- Full compliance will be considered "structurally

impracticable" only in those rare circumstances when the unique

characteristics of terrain prevent the incorporation of

accessibility features (e.g., marshland that requires construction

on stilts).

 

- The architectural standards for accessibility in new

construction are contained in the ADA Accessibility Guidelines

issued by the Architectural and Transportation Barriers Compliance

Board, an independent Federal agency. These standards are

incorporated in the final Department of Justice title III

regulation.

 

- Elevators are not required in facilities under three stories

or with fewer than 3,000 square feet per floor, unless the building

is a shopping center, shopping mall, professional office of a

health care provider, or station used for public transportation.

 

X. Alterations

 

- Alterations after January 26, 1992, to existing places of

public accommodation and commercial facilities must be accessible

to the maximum extent feasible.

 

- The architectural standards for accessibility in alterations

are contained in the ADA Accessibility Guidelines issued by the

Architectural and Transportation Barriers Compliance Board. These

standards are incorporated in the final Department of Justice title

III regulation.

 

- An alteration is a change that affects usability of a

facility. For example, if during remodeling, renovation, or

restoration, a doorway is being relocated, the new doorway must be

wide enough to meet the requirements of the ADA Accessibility

Guidelines.

 

- When alterations are made to a "primary function area," such

as the lobby or work areas of a bank, an accessible path of travel

to the altered area, and the bathrooms, telephones, and drinking

fountains serving that area, must be made accessible to the extent

that the added accessibility costs are not disproportionate to the

overall cost of the original alteration.

Alterations to windows, hardware, controls, electrical

outlets, and signage in primary function areas do not trigger the

path of travel requirement.

 

The added accessibility costs are disproportionate if they

exceed 20 percent of the original alteration.

 

 

- Elevators are not required in facilities under three stories

or with fewer than 3,000 square feet per floor, unless the building

is a shopping center, shopping mall, professional office of a

health care provider, or station used for public transportation.

 

XI. Overview of Americans with Disabilities Act Accessibility

Guidelines for New Construction and Alterations

- New construction and alterations must be accessible in

compliance with the ADA Accessibility Guidelines.

 

- The Guidelines contain general design ("technical") standards

for building and site elements, such as parking, accessible routes,

ramps, stairs, elevators, doors, entrances, drinking fountains,

bathrooms, controls and operating mechanisms, storage areas,

alarms, signage, telephones, fixed seating and tables, assembly

areas, automated teller machines, and dressing rooms. They also

have specific technical standards for restaurants, medical care

facilities, mercantile facilities, libraries, and transient lodging

(such as hotels and shelters).

 

- The Guidelines also contain "scoping" requirements for various

elements (i.e., it specifies how many, and under what

circumstances, accessibility features must be incorporated).

 

- Following are examples of scoping requirements in new

construction --

 

At least 50 percent of all public entrances must be

accessible. In addition, there must be accessible entrances to

enclosed parking, pedestrian tunnels, and elevated walkways.

 

An accessible route must connect accessible public

transportation stops, parking spaces, passenger loading zones, and

public streets or sidewalks to all accessible features and spaces

within a building.

Every public and common use bathroom must be accessible. Only

one stall must be accessible, unless there are six or more stalls,

in which case two stalls must be accessible (one of which must be

of an alternate, narrow-style design).

 

Each floor in a building without a supervised sprinkler system

must contain an "area of rescue assistance" (i.e., an area with

direct access to an exit stairway where people unable to use stairs

may await assistance during an emergency evacuation).

 

One TDD must be provided inside any building that has four or

more public pay telephones, counting both interior and exterior

phones. In addition, one TDD must be provided whenever there is an

interior public pay phone in a stadium or arena; convention center;

hotel with a convention center; covered shopping mall; or hospital

emergency, recovery, or waiting room.

 

One accessible public phone must be provided for each floor,

unless the floor has two or more banks of phones, in which case

there must be one accessible phone for each bank.

 

Fixed seating assembly areas that accommodate 50 or more

people or have audio-amplification systems must have a permanently

installed assistive listening system.

 

Dispersal of wheelchair seating in theaters is required where

there are more than 300 seats. In addition, at least one percent

of all fixed seats must be aisle seats without armrests (or with

movable armrests). Fixed seating for companions must be located

adjacent to each wheelchair location.

 

Where automated teller machines are provided, at least one

must be accessible.

 

Five percent of fitting and dressing rooms (but never less

than one) must be accessible.

 

- Following are examples of specific scoping requirements for

new construction of special types of facilities, such as

restaurants, medical care facilities, mercantile establishments,

libraries, and hotels --

 

In restaurants, generally all dining areas and five percent of

fixed tables (but not less than one) must be accessible.

 

In medical care facilities, all public and common use areas

must be accessible. In general purpose hospitals and in

psychiatric and detoxification facilities, ten percent of patient

bedrooms and toilets must be accessible. The required percentage

is 100 percent for special facilities treating conditions that

affect mobility, and 50 percent for long-term care facilities and

nursing homes.

 

In mercantile establishments, at least one of each type of

counter containing a cash register and at least one of each design

of check-out aisle must be accessible. In some cases, additional

check-out aisles are required to be accessible (i.e., from 20 to 40

percent) depending on the number of check-out aisles and the size

of the facility.

 

In libraries, all public areas must be accessible. In

addition, five percent of fixed tables or study carrels (or at

least one) must be accessible. At least one lane at the check-out

area and aisles between card catalogs, magazine displays, and

stacks must be accessible.

 

In hotels, four percent of the first 100 rooms and

approximately two percent of rooms in excess of 100 must be

accessible to persons with hearing impairments (i.e., contain

visual alarms, visual notification devices, volume-control

telephones, and an accessible electrical outlet for a TDD) and to

persons with mobility impairments. Moreover, an identical

percentage of additional rooms must be accessible to persons with

hearing impairments.

 

Technical and scoping requirements for alterations are

sometimes less stringent than those for new construction. For

example, when compliance with the new construction requirements

would be technically infeasible, one accessible unisex bathroom per

floor is acceptable.

 

XII. Examinations and Courses

 

- Certain examinations or courses offered by a private entity

(i.e., those that are related to applications, licensing,

certification, or credentialing for secondary or postsecondary

education, professional, or trade purposes) must either be given in

a place and manner accessible to persons with disabilities, or be

made accessible through alternative means.

 

- In order to provide an examination in an accessible place and

manner, a private entity must --

 

Assure that the examination measures what it is intended to

measure, rather than reflecting the individual's impaired sensory,

manual, or speaking skills.

 

Modify the examination format when necessary (e.g., permit

additional time).

 

Provide auxiliary aids (e.g., taped exams, interpreters, large

print answer sheets, or qualified readers), unless they would

fundamentally alter the measurement of the skills or knowledge that

the examination is intended to test or would result in an undue

burden.

 

Offer any modified examination at an equally convenient

location, as often, and in as timely a manner as are other

examinations.

 

Administer examinations in a facility that is accessible or

provide alternative comparable arrangements, such as providing the

examination at an individual's home with a proctor.

 

- In order to provide a course in an accessible place and

manner, a private entity may need to -

 

Modify the course format or requirements (e.g., permit

additional time for completion of the course).

 

Provide auxiliary aids, unless a fundamental alteration or

undue burden would result.

 

Administer the course in a facility that is accessible or

provide alternative comparable arrangements, such as provision of

the course through video tape, audio cassettes, or prepared notes.

 

XIII. Enforcement of the ADA and its Regulations

 

- Private parties may bring lawsuits to obtain court orders to

stop discrimination. No monetary damages will be available in such

suits. A reasonable attorney's fee, however, may be awarded.

 

- Individuals may also file complaints with the Attorney General

who is authorized to bring lawsuits in cases of general public

importance or where a "pattern or practice" of discrimination is

alleged.

- In suits brought by the Attorney General, monetary damages

(not including punitive damages) and civil penalties may be

awarded. Civil penalties may not exceed $50,000 for a first

violation or $100,000 for any subsequent violation.

 

XIV. Technical Assistance

 

- The ADA requires that the Federal agencies responsible for

issuing ADA regulations provide "technical assistance."

 

- Technical assistance is the dissemination of information

(either directly by the Department or through grants and contracts)

to assist the public, including individuals protected by the ADA

and entities covered by the ADA, in understanding the new law.

 

- Methods of providing information include, for example,

audio-visual materials, pamphlets, manuals, electronic bulletin

boards, checklists, and training.

 

- The Department issued for public comment on December 5, 1990,

a government-wide plan for the provision of technical assistance.

 

The Department's efforts focus on raising public awareness of

the ADA by providing--

Fact sheets and pamphlets in accessible formats,

 

Speakers for workshops, seminars, classes, and conferences,

 

An ADA telephone information line, and

 

Access to ADA documents through an electronic bulletin board

for users of personal computers.

 

- The Department has established a comprehensive program of

technical assistance relating to public accommodations and State

and local governments.

 

Grants will be awarded for projects to inform individuals with

disabilities and covered entities about their rights and

responsibilities under the ADA and to facilitate voluntary

compliance.

 

The Department will issue a technical assistance manual by

January 26, 1992, for individuals or entities with rights or duties

under the ADA.

 

For additional information, contact:

 

Office on the Americans with Disabilities Act

Civil Rights Division

U.S. Department of Justice

P.O. Box 66118

Washington, D.C 20035-6118

(202) 514-0301 (Voice)

(202) 514-0383 (TDD)

(202) 514-6193 (Electronic Bulletin Board)