The Americans with Disabilities Act was signed into law on July 26, 1990. Title I of the law covers places of employment; Title II state and local governments. Title IV covers telecommunications for the deaf and hearing-impaired, and Title V covers miscellaneous items. The section of ADA that deals with public facilities, is Title III.
Public accommodations include any building or outdoor space through which any person can enter, with or without a fee. Essentially, that means all buildings except for “private” clubs (any club that requires members to vote to admit an individual) and religious facilities. Among the facilities covered as listed by ADA are the following:
- Lodgings (hotels, motels, inns)
- Establishments that serve food and drink (restaurants, bars, taverns)
- Establishments that offer entertainment (theaters, stadiums)
- Places where public gatherings may be held (auditoriums, convention halls)
- Sale or rental establishments (retail stores)
- Service establishments (medical offices, law offices, funeral parlors)
- Places of public display or collection (museums, galleries, public gardens)
- Social service centers (homeless shelters, day care centers)
- Recreation/exercise establishment (golf courses, gymnasiums)
It is important to understand not only which facilities are covered under ADA, but also who is considered disabled. Under ADA guidelines, anyone who possesses a physical or mental impairment that significantly limits at least one major life function—for example, the ability to feed oneself, the ability to walk, or the ability to breathe on one’s own. Alcoholics and other substance abusers are also covered if they have been shown to have a history of such abuse.
A public accommodation is expected to follow three basic guidelines under Title III of ADA. First, it cannot deny goods or services to a disabled person covered under the legislation. Second, it cannot satisfy its commitment to the legislation by offering benefits that are separate or unequal. Finally, it must offer all services in as integrated a setting as possible.
This kind of wording frightens some owners of public facilities. Retail store owners, for example, sometimes fear that Title III compliance means having to make expensive structural changes to their stores or keep people on staff to accommodate all possible disabilities. Would a small company have to install an elevator in its building? Does a restaurant have to make Braille menus and sign-language interpreters available?
In fact, ADA’s Title III guidelines do offer a certain degree of leeway for facilities, but that leeway is dependent on a number of factors including cost and a facility’s special needs.
