Public Accommodations (ADA Title III)

A public accommodation is a private entity that owns, operates, leases, or leases to a place of public accommodation. This covers a wide range of businesses and organizations — restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, amusement parks, private schools, and day care centers, among others. Private clubs and religious organizations are exempt from Title III requirements. Source: ADA National Network

"Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. This is the standard for barrier removal in existing facilities. What is readily achievable for one business may not be for another, depending on size and resources. The obligation is ongoing — businesses must continually assess whether barrier removal has become feasible over time. Source: ADA National Network

Possibly. Restaurants may need to rearrange tables and stores may need to adjust racks and shelves to permit access for wheelchair users — if it is readily achievable to do so. When full barrier removal is not readily achievable, businesses must still take alternative steps to make their goods and services accessible, such as bringing items to the customer. Source: ADA National Network

Businesses are not required to retrofit their facilities to install elevators unless such installation is readily achievable — which is unlikely in most cases. However, elevators are generally required in new construction for facilities with more than three stories or more than 3,000 square feet per floor, with some exceptions. Source: ADA National Network

For individuals with hearing loss, auxiliary aids may include qualified sign language interpreters, real-time captioning, written notes, closed caption decoders, assistive listening devices, and video relay services. For individuals who are blind or have low vision, aids may include qualified readers, taped texts, audio recordings, Braille materials, screen reader software, magnification software, large print materials, and accessible electronic formats. The key standard is effectiveness — the auxiliary aid must result in communication that is as effective as communication with others. Source: ADA National Network

Not always. If a simple written exchange is effective for the situation, that may be sufficient. However, when communication is lengthy or complex — such as a medical consultation or legal matter — a qualified interpreter may be necessary. The business should discuss with the individual which auxiliary aid or service will result in effective communication. Source: ADA National Network

Private individuals may bring lawsuits seeking court orders to stop discrimination. The U.S. Attorney General may also bring suits in cases of general public importance or where a pattern of discrimination exists. Civil penalties may not exceed $55,000 for a first violation or $110,000 for any subsequent violation. Source: ADA National Network

Both. The ADA places legal obligation on both the landlord and the tenant. The lease may specify who will make changes and provide aids and services, but a private agreement between parties does not relieve either from their individual ADA obligations. Both remain legally responsible. Source: ADA National Network

No, the ADA does not cover strictly residential private apartments and homes. However, if a place of public accommodation — such as a doctor's office or day care center — is located in a private residence, the portions used for that purpose are subject to the ADA's requirements. Residential housing is primarily governed by the Fair Housing Act. Source: ADA National Network