2. Public Accommodations
• The Americans with Disabilities Act (“ADA”), signed into law
on July 26, 1990, is a comprehensive civil rights law that
seeks to prevent discrimination based on disability.
• Title III of the ADA requires “public accommodations” to
accommodate disabled patrons, customers and members of
the public to ensure that disabled individuals can equally
access and enjoy the goods and services offered by the
public accommodation as non-disabled individuals.
• Places of public accommodation include virtually all facilities
that are open to the public, such as hotels, restaurants,
bars, theaters, stadiums, arenas, museums, libraries, parks
and other entertainment venues.
3. New Regulations
• Coinciding with the 20th anniversary of the ADA, Attorney
General Eric Holder signed final regulations substantially
revising the Department of Justice’s Title III regulations.
• The new regulations are intended to provide consistency
with the Department’s current policies and published
guidance, to reflect the Department’s experience since the
ADA Standards for Accessible Design were first published in
1991, and to address and respond to public comments and
concerns pertaining to the existing regulations.
• The changes adopted by these new regulations add a
comprehensive set of new accessibility requirements which
generally mandate a higher level of access for individuals
than the standards contained in the 1991 regulations.
4. Compliance Deadlines
• As of March 15, 2012, compliance with the 2010 ADA Title
III Standards was required for all new construction and
alterations, and for guidance regarding “readily achievable”
barrier removal, at all places of public accommodation.
• In a brief reprieve, however, the Department of Justice has
deferred the deadline for compliance with its controversial
new standards regarding access to swimming pools to
January 31, 2013.
6. 1. Effective Date and Safe Harbor
Provision
• The new regulations became effective March 15, 2011. As of
March 15, 2012, both new construction and alterations were
required to be in compliance with the new standards.
• However, the regulations provide a safe harbor for elements in
existing facilities that comply with the 1991 regulations as of
March 15, 2012. These elements do not have to be changed
until they are altered.
• Otherwise, all new construction, alterations, and barrier
removal taking place after March 15, 2012 has to comply with
the new regulations. Public accommodations that have existing
elements that are covered for the first time under the new
regulations will have to comply with the new standards for
those elements to the extent that it is readily achievable.
7. 2. Accessible Seating
• Covered entities must comply with the following requirements:
• 500 to 5,000 seats: Six wheelchair spaces and companion seats
plus one additional wheelchair space for each additional 150 seats
(or fraction thereof) between 501 through 5,000
• More than 5,000 seats: At least 36 wheelchair spaces and
companion seats plus one additional wheelchair space for each
200 seats (or fraction thereof) over 5,000
• Premium Seating Standards: Each luxury box, club box and suite
in an arena, stadium or grandstand is required to
be wheelchair accessible and to contain wheelchair
and companion seating
• Sightlines: Significant new technical requirements
for providing lines of sight over seated
and standing spectators
8. 3. Ticket Sales
• Tickets for disabled seating must be available for purchase
during the same hours, stages, through the same methods
of distribution, in the same types and numbers of ticketing
sales outlets, and under the same terms and conditions as
other tickets sold for the same event or series of events.
9. 4. Other Ticketing Changes
• Ability to purchase multiple tickets: With certain limited exceptions,
for each ticket for a wheelchair space purchased by a disabled
individual or other person at his or her request, three additional
tickets for the seats in the same row and contiguous with the
wheelchair space shall be made available for purchase (provided they
are available at time of purchase).
• Ticket transfers: Tickets for accessible seating may be transferred to
third parties by the ticket holder under the same terms and conditions
and to the same extent as other spectators holding the same type of
ticket.
• Tickets purchased in the secondary market: A disabled individual
must be permitted to acquire tickets in the secondary ticket market
under the same terms and conditions as other individuals who acquire
tickets in the market.
• Ticket pricing: Accessible seating pricing cannot be higher than the
price for other tickets in the same seating section for the same event
or series of events.
10. 5. Accessible Routes
• Tiered dining: With several exceptions, accessible routes must
be provided to all tiered and outdoor dining areas in sports
facilities.
• Press boxes: Guidelines provide limited exceptions for small
press boxes that (1) are located in bleachers with entrances
only on one level, or (2) are free-standing structures 12 feet
or more above grade. Further, the exceptions apply only when
the aggregate area of all press boxes does not exceed 500
square feet.
• Public entrances to new construction: Increases the
percentage that must be ADA accessible from 50 percent to 60
percent.
• Stairs: Newly constructed stairs that are part of a means of
egress must comply with the requirements for accessible
stairs, including accessible treads, risers and handrails.
11. 6. Parking Requirements
• The new regulations require an accessible route adjoining
each access aisle in a lot to accessible entrances. In
addition, one in six disabled parking spots must be van
accessible. Further, mechanical access parking garages
must now have an accessible passenger loading zone.
12. 7. Accessible Bathrooms
• Where six or more toilet compartments and urinals are
provided in a multi-user restroom, the restroom must have
at least one ambulatory accessible compartment; men’s
lavatories with only one urinal are no longer required to
have an accessible urinal.
• Where multiple single-user toilet rooms are clustered at one
location, only 50 percent are required to be accessible (not
100 percent).
• The new regulations also contain other technical changes,
including changes regarding water closet location and grab
bars, clearance, doors, toilet paper dispensers, etc.
13. 8. Service Animals
• The new regulations define "service animal" as a dog that
has been individually trained to do work or perform tasks
for the benefit of an individual with a disability. Most other
animals, whether wild or domestic, do not qualify as service
animals. Dogs that are not trained to perform tasks that
mitigate the effects of a disability, including dogs that are
used purely for emotional support, are not service animals.
• According to DOJ, service miniature horses
are an alterative to for people allergic to dogs,
they live longer, and can be housebroken just
like a dog. Although the miniature horse rule
usually surprises people when they first learn
about it, it went into effect on March 15, 2011
without much controversy.
14. 9. Wheelchairs and Mobility Devices
• The new regulations draw distinctions between wheelchairs
and "other power-driven mobility devices,” which include a
range of devices not designed for individuals with mobility
impairments, such as the Segway® PT, but which are often
used by individuals with disabilities as their mobility device
of choice.
• Specifically, wheelchairs must be permitted in all areas
open to pedestrian use, while other power-driven mobility
devices must be permitted to be used unless the covered
entity can demonstrate that such use would fundamentally
alter its programs, services, or activities, create a direct
threat, or create a safety hazard.
15. 10. Internet Reservations for Hotels
and other Places of Lodging:
• Hotels, motels and other places of transient lodging
permitting internet reservations for non-disabled guests
must:
• (1) identify and describe the accessible features of each
designated accessible guest room;
• (2) hold accessible guest rooms for people with
disabilities until all other guest rooms of that type have
been rented; and
• (3) ensure that a reserved accessible guest room is not
inadvertently released to someone who did not reserve
the accessible room.
16. 11. New Requirements for Swimming
Pools, Wading Pools, and Spas
• Applicable even to Previously Compliant Entities.
• The new standards require accessible means of entry and
egress for swimming pools, wading pools, and spas. This
aspect of the 2010 Standards applies to all covered entities,
even if they previously complied with the 1991 Standards, and
generally requires that virtually any swimming pool operated
by a place of public accommodation must provide either a pool
lift or sloped entry.
• Comparable requirements apply to most spas.
• The DOJ recently extended the compliance date for this new
requirement to January 31, 2013; bills have been introduced
in Congress to prohibit the DOJ from enforcing these
requirements.
17. Commercial Facilities vs.
Public Accommodations
• Contrary to popular belief, Title III of the Americans with
Disabilities Act does not apply exclusively to public
accommodations (businesses that provide goods and
services to the general public).
• Commercial facilities (privately-owned, non-residential
facilities whose operations affect commerce but that do not
serve customers or clients, such as factories, warehouses,
or corporate office buildings) are also subject to Title III.
18. Commercial Facilities Changes
• As of March 15 of this year, commercial facilities – just like
public accommodations – must comply with the new
construction and alterations regulations of the 2010
Standards. 2010 Standards for new construction must be met
unless site conditions make compliance structurally
impracticable — a rare exception.
• The commercial facility must also meet 2010 Standards
accessibility requirements for: (1) any elements or spaces that
it is altering, and (2) that are part of the path of travel to a
primary function area that it will be altering.
• Exemplars of significant elements in commercial facilities to
which the 2010 Standards apply are: accessible routes to the
facility entrance, public entrances, doors, circulation paths in
employee work areas, parking, elevators, restrooms, signage,
and reach ranges.
19. Commercial Facilities (Con’t)
• Unlike public accommodations, the 2010 Standards do not
require commercial facilities to engage in the removal of
existing barriers or comply with any rules relating to the
facility’s operations.
• While owners, operators, lessors, and lessees of public
accommodations generally have an ongoing obligation to
remove architectural barriers that exist (unless it is not
readily achievable to do so) regardless of whether they had
anything to do with the creation of the barriers, owners,
operators, lessors, and lessees of commercial facilities do
not have this obligation. Their obligations only arise in
connection with new construction or alteration activities.
