Web Posted on: December 16, 1997
Americans with Disabilities Act in Brief
Public Accommodations
Published by the
President's Committee On Employment of People with
Disabilities
"Every rnan, woman and child with a disability now can pass through once closed doors into a bright new era of equality, independence and freedom." - President George Bush
Purpose: The purpose of the Arnericans with Disabilities Act (ADA), PL 101-336, is to extend to people with disabilities civil rights similar to those now available on the basis of race, color, national origin, sex and religion through the Civil Rights Act of 1964. It prohibits discrirnination on the basis of disability in: employment, services rendered by state and local governrnents, places of public accomodation, transportation, telecommunications services.
This brochure focuses on the rights customers and consumers with disabilities have when doing business with the private sector. Other provisions of the ADA are covered in other brochures in this series.
Key Public Accommodations Provisions
Public accommodations such at hotels, restaurants, theaters, stores, offices, transit stations, museums, parks, schools, social service agencies, and gyms must not discriminate against individuals with disabilities.
These provisions generally become effective January 26, 1992.
Policies and practices must be changed in order to avoid discrimination.
Auxiliary aids and services are required unless the business can demonstrate undue hardship.
Existing facilities: Barriers must be removed when such removal can be accomplished without much difficulty or expense. If not, alternative methods of making goods and services available must be in place, if such methods are readily achievable.
Altered facilities: Altered area must be accessible to the maximum extent feasible. When alterations affect a primary function area, a path of travel to the altered area and restrooms serving the altered area must be accessible to the extent that added costs are not disproportionate.
New facilities must be accessible unless structurally impracticable.
EIevators need not be provided in buildings under three floors or with less than 3000 square feet per floor, other than in shopping centers and health care buildings.
Bona fide private clubs and religious groups are not covered by these provisions.
The ADA Says...
"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. "
Enforcement
The Department of Justice (DOJ) is the Federal agency that is responsible for enforcing ADA public accommodation provisions. The Architectural and Transportation Barriers Compliance Board issues minimum guidelines for accessibility of new or remodeled structures.
Timetables or compliance vary from section to section in the ADA. In general, public accommodations provisions are effective January 26, 1992, however, some exceptions are detailed in the Act.
Revised February 1992
President's Committee on Employment of People with Disabilities 1331 F Street, NW Washington, DC 20004-1107 202/376-6200 voice 202/376-6205 tdd 202/376-6219 fax
Regulations and Information
ADA Regulations for Title 111 Public Accommodations and Services Operated by Private Entities contact: U.S. Departrnent of Justice, P.O. Box 66118, Washington, DC 20530-6118; 202/514-0301 voice 202/514-0381 tdd. Alternative formats are available.
Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities contact: Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW, Suite 1000, Washington, DC 20004-1111; 202/272-5434 voice/tdd 800/872-2253 voice/tdd Alternative formats are available.
The President's Committee on Employment of People with Disabilities (PCEPD) has other ADA brochures and publications. Alternative formats are available.