John Karczewski v. DCH Mission Valley LLC

Filing

FILED OPINION (SUSAN P. GRABER, JAY S. BYBEE and MORGAN B. CHRISTEN) REVERSED AND REMANDED. Opinion by Judge Graber; Concurrence by Judge Bybee, dubitante FILED AND ENTERED JUDGMENT. [10502020]

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§

Goods I ID: 10502020, Merriam-Webster
Case: 15-55633, 07/10/2017, Definition of Goods by DktEntry: 58-2, Page 1 of 117

SINCE 1828

MENU

adjective I \'gud\
Popularity: Top 1% of lookups

Examples: GOOD in a Sentence v
Usage guide: GOOD vs. WELL v

LLC
alley
nV
issio 5, 2017
Definition of GOOD
HM
y
v. DC d on Jul
ki
s
e
better
\'be-tar\; best arczew archiv
\'best\
K
3
in
63
cited o. 15-55
N
1 a (1) : of a favorable character or tendency • good news (2) :
• good land (3):

HANDSOME, ATTRACTIVE

•

eouNT1FuL, FERTILE

good looks

b (1): suirABLE, FIT • good to eat (2): free from injury or disease • one good
arm (3): not depreciated • bad money drives out good (4): commercially
sound • a good risk (5): that can be relied on • good for another year
• good for a hundred dollars • always good for a laugh (6): PROFITABLE,
ADVANTAGEOUS • made a very good deal
c (1) : AGREEABLE, PLEASANT • had a good time (2) : SALUTARY, WHOLESOME • good for a
cold (3) : AMUSING, CLEVER • a good joke
d (1): of a noticeably large size or quantity: c0Ns10ERABLE • won by a good
margin • a good bit of the time (2): FULL • waited a good hour (3) -used as a
word that gives force or emphasis to a statement • a good many of us
e (1) : WELL-FOUNDED, coGENT • good reasons (2) : TRUE • holds good for society at
large (3): deserving of respect: HONORABLE • in good standing (4): legally
valid or effectual • good title
f C1 l: ADEOUATE. SATISFACTORY • eood care -often used in faint oraise

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(3) : liking only things that are of good quality:

CHOICE, DISCRIMINATING

• good taste
(4) : containing less fat and being less tender than higher grades -used of
meat and especially of beef
2

a (1) :

VIRTUOUS, RIGHT, COMMENDABLE

BENEVOLENT •

a good person • good conduct (2) :

KIND,

good intentions

b:

UPPER-CLASS

c:

COMPETENT, SKILLFUL

d (1):

•

LOYAL •

•

a good family
•

a good doctor

a good party man • a good Catholic (2) :

cLosE

•

a good friend

e : free from infirmity or sorrow • I feel good

- goodish

\'gu-dish\ adjective

LLC
alley
nV
issio 5, 2017
: in effect : VIRTUALLY • as good as dead H M
uly
DC
ki v. ved on J
ews
arcz 33 archi
in K
6
- as good as gold d
cite o. 15-55
N
- as good as

1

of the highest worth or reliability • his promise is as good as gold

2

well-behaved • the child was as good as gold

- good and
: VERY, ENTIRELY

•

was good and mad

See good defined for English-language learners
See good defined for kids

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Case: 15-55633, 07/10/2017,I Definition of Goods by DktEntry: 58-2, Page 3 of 117

Indulge Your Inner Word Nerd

LLC
alley
nV
issio 5, 2017
HM
y
v. DC d on Jul
ki
GOOD VS. WELL
ve
ews
arcz 33 archi
K
in
56
c ed o. 15- to
An old notion thatitit is wrong 5 say "I feel good" in reference to health still
N

occasionally appears in print. The origins of this notion are obscure, but they
seem to combine someone 1 s idea that good should be reserved to describe virtue
and uncertainty about whether an adverb or an adjective should follow feel. Today
nearly everyone agrees that both good and well can be predicate adjectives after
feel. Both are used to express good health, but good may connote good spirits in
addition to good health.

Examples of GOOD in a Sentence

https:/lwww.merriam-webster.com/dictionary/goods

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There are some good restaurants in this neighborhood.
l 1m afraid your work is just not good enough.
Keep up the good work.
"Would you hire her again?" ''Yes, I would. She does good work."
The food was good but not great.
He has done good but not outstanding work.
Did you have a good time at the party?
We 1 re expecting good weather for the weekend.

LLC
alley
nV
issio 5, 2017
Origin and Etymology of GOOD
HM
y
v. DC d on Jul
ki akin vto Old High German guot good, Middle
Middle English, from Old Englishws
ze god;a hi e
KarcSanskrit rc
633 gadhya what one clings to
High German gatern d in
5
cite to unite,-55
1
No.

GOOD

Synonyms

Synonyms
commonsense, commonsensible, commonsensical, firm, hard, informed, just,
! ___ _.._ !

~!

_

_1

I ____ I L _ _

-1 _

_1

I _

_

https:/lwww.merriam-webster.com/dictionary/goods

!

__ I

___ _._ ! _ __ _ I

__ _

_ _____ L

I _

__ _

_ _

_ __ _ __.

_____ ! L

I _

_

_ L

__ _

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Goods ID: 10502020, Merriam-Webster
Case: 15-55633, 07/10/2017,I Definition of Goods by DktEntry: 58-2, Page 5 of 117

noun

Definition of GOOD
1

2

LLC
alley
a : something that is good
nV
issio 5, 2017
b (1) : something conforming to the moral M Julof the universe (2) :
DCH order y
ki v. ved on
praiseworthy character : czews
GOODNESS
hi
Kar 633 arc
n
c: a good element ior portion
cited o. 15-55
N
a : advancement of prosperity or well-being • the good of the community • it's
for your own good
b : something useful or beneficial • it1s no good trying

3

a : something that has economic utility or satisfies an economic want
b goods plural: personal property having intrinsic value but usually excluding
money, securities, and negotiable instruments
c goods plural :

CLOTH

d goods plural: something manufactured or produced for sale:
MERCHANDISE • canned goods
e goods plural, British :

WARES,

FREIGHT

4

: good persons -used with the

5

goods plural

https:/lwww.merriam-webster.com/dictionary/goods

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- for good or Jess commonlyfor good and all
:

FOREVER, PERMANENTLY

•

She's gone for good.

- in good with

: in a favored position with

- to the good

1

for the best :

BENEFICIAL

• efforts to restrict credit were all to the good - Time
2

in a position of net gain or profit • wound up $10 to the good

LLC
alley
V
See good defined for English-language learners ission
017
H M uly 5, 2
J
. DC
ski v ived on
ew
rcz
rch
in Ka 55633 a
5cited
Examples of Gooo No. 1
in a Sentence
the battle of good versus evil
Teachers can be a strong force for good.
the difference between good and bad
They had to sacrifice lesser goods for greater ones.
What is life's highest good?
Parents must teach their children the difference between the good and the bad.
She believes that the good go to heaven when they die and the bad go to hell.
Only the good die young.
~l,.,,-

h - l i _ , , __ +.k-·- i - - - - - - - - " ' i - _,._.,,. .. , __ _

https:/lwww.merriam-webster.com/dictionary/goods

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ur1g1n ana

see

1

t.tymo1ogy or GOOD

GOOD

GOOD

Synonyms

Synonyms
benediction, benefit, boon, felicity, godsend, blessing, manna, windfall

LLC
alley
nV
adverb
issio 5, 2017
HM
y
v. DC d on Jul
ki
ve
ews
Definition of GOOD
arcz 33 archi
K
in
6
cited o. 15-55
N
1
WELL
• he showed me how good I was doing - Herbert Gold
2

-used as an intensive • a good long time

See good defined for English-language learners

GOOD VS. WELL

Adverbial good has been under attack from the schoolroom since the 19th
century. Insistence on well rather than good has resulted in a split in connotation:
well is standard, neutral, and colorless, while good is emotionally charged and
emphatic. This makes good the adverb of choice in sports. ( • "l 1 m seeing the ball
real eood" is what vou hear - Roger Angell} In such contexts as ( • listen uo. And

https:/lwww.merriam-webster.com/dictionary/goods

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Goods ID: 10502020, Merriam-Webster
Case: 15-55633, 07/10/2017,I Definition of Goods by DktEntry: 58-2, Page 8 of 117

fictional speech and in generally familiar or informal contexts.

Examples of GOOD in a Sentence
Things have been going good lately.
The team is doing good this year.
"How did you hit the ball today?" "Good."
The other team whipped us good.

LLC
alley
Origin and Etymology of GOOD
nV
issio 5, 2017
HM
y
see 1 GOOD
v. DC d on Jul
ki
ve
ews
arcz 33 archi
K
in
6
cited o. 15-55
N

GOOD

Synonyms

Synonyms
acceptably, adequately, all right, alright, creditably, decently, fine, well, middlingly,
·-!--1--

,..,._.~

1---

_ . ____ '\.

------LI..

-------.&..-LI--

--.&..!_£ _ _ .&.._._!1--

-----!---LI..

--

--

GOOD Defined for English Language Learners

good
adjective

https:/lwww.merriam-webster.com/dictionary/goods

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Goods ID: 10502020, Merriam-Webster
Case: 15-55633, 07/10/2017,I Definition of Goods by DktEntry: 58-2, Page 9 of 117

: ot somewhat high but not excellent quality
: correct or proper

good
noun
Definition of GOOD for English Language Learners
: morally good forces or influences
: something that is right or good

LLC
alley
nV
issio 5, 2017
HM
y
v. DC d on Jul
ki
ve
ews
arcz 33 archi
K
in
6
cited o. 15-55
N

the good : the pleasant things that happen to people

good
adverb

Definition of GOOD for English Language Learners
: completely and thoroughly
-used for emphasis before words like long and many

GOOD Defined for Kids

1

good

adjective I \'gud\

https:/lwww.merriam-webster.com/dictionary/goods

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Goods Definition of Goods by Merriam-Webster
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1

better than average • good work

2

SKILLFUL

3

behaving well • a good child

4

PLEASANT

5

HEALTHFUL

6

of a favorable character or tendency • good news

7

suitable for a use :

8

DESIRABLE

9

showing good sense or judgment • good advice

10

lley
closely following a standard of what is correct or proper • good manners
n Va
o

a good dancer

•

1,

ENJOYABLE

•

We had a good time.

•

Eat a good breakfast.

SATISFACTORY

1, ATTRACTIVE

•

•

You need good light for reading.

He's looking for a good job.

LLC
2017

13

issi
H M uly 5,
J
. DC
RELIABLE • a good neighbor
ski v ived on
ew
z
h
Karc 633 arc
ingood of you to wait!
HELPFUL, KIND • itHow
c ed o. 15-55
N
being honest and upright • She comes from a good family.

14

being at least the amount mentioned • We waited a good hour.

15

CONSIDERABLE

11
12

•

I need a good deal more.

- as good as
:

ALMOST

•

The car I'm selling is as good as new.

noun

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Goods Definition of Goods by Merriam-Webster
Case: 15-55633, 07/10/2017, IID: 10502020, DktEntry: 58-2, Page 11 of 117

2

the good part ot a person or thing • I believe there is good in all ot us.

3

something right or good • Good will come of this.

4

goods plural: products that are made for sale • canned goods

5

goods plural: personal property • He sold all his worldly goods.

Law Dictionary

adjective

LLC
alley
nV
issio 5, 2017
HM
y
better best
v. DC d on Jul
ki
s
ve
czew
arreliable archi
K
3 • a good risk
in
1
: commercially sound or
63
cited o. 15-55
N
2
a : valid or effectual under the law
b : free of defects

Legal Definition of GOOD

3

a : characterized by honesty and fairness
b : conforming to a standard of virtue
• shall hold their offices during good behavior - U.S. Constitution art. Ill
; also : characterized by or relating to good behavior

noun

Legal Definition of GOOD

https:/lwww.merriam-webster.com/dictionary/goods

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Goods Definition of Goods by Merriam-Webster
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2

: an item ot tangible movable personal property naving value but usually

excluding money, securities, and negotiable instruments -usually used in
plural: as
a pl: all things under section 2-103 of the Uniform Commercial Code that are
movable at the time of identification to the contract for sale other than
information, the money that is to be paid, investment securities, the subject
matter of foreign exchange transactions, and choses in action

b pl: all things under section 9-102 of the Uniform Commercial Code that are
movable at the time that a security interest in them attaches or that are fixtures
but excluding money, documents, instruments, accounts, chattel paper, general
intangibles, commercial tort claims, deposit accounts, investment property,
letter-of-credit rights, letters of credit, and minerals or the like before extraction

-consumer goods
: goods purchased primarily for personal, family, or household uses

LLC
alley
-durable goods
nV
issio 5, 2017
CH M
ly
v. Dused on Junumber of years :
: consumer goods that lastwski are ed for a
and
ze
hiv
Karc 633 arc
in
ci
-fungible goodsted . 15-55
No

DURABLES

: goods of which any unit is by nature or by usage of trade the equivalent of
any other like unit especially as defined by section 1-201 of the Uniform
Commercial Code

-future goods
: goods that are the subject of a contract but are not yet existing or specified

-hard goods
:

DURABLE GOODS

in this entry

-household goods
: goods used in connection with the home; specifically: furniture, furnishings,
and personal effects used in a dwelling as defined by section 7-209 of the
Uniform Commercial Code

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;

guuu~ i::I~

1urmeny ue1meu 1ri

~ell1uri

'::1-IU.J 01 u1e urrnurm Lummen.:1e11 Luue

that are mobile, are of a type {as vehicles) usually used in more than one
jurisdiction, are not covered by a certificate of title, and are either the
equipment of a debtor or inventory leased by a debtor
-ordinary goods

: goods as formerly defined by section 9-103 of the Uniform Commercial Code
that are anything other than those covered by a certificate of title, mobile
goods, or minerals
-producer goods

: goods {as tools and raw materials) used to produce other goods and satisfy
human wants only indirectly
-soft goods

LLC
alley
: consumer goods that are not durable goods on V
017
issi
H M uly 5, 2
J
. DC
ski v ived on
ew
rcz
rch
in Ka 55633 a
cited o. 15Learn More about N
GOOD
Thesaurus: All synonyms and antonyms for good
Spanish Central: Translation of good
Nglish: Translation of good for Spanish speakers
Britannica English: Translation of good for Arabic speakers

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Goods Definition of Goods by Merriam-Webster
Case: 15-55633, 07/10/2017, IID: 10502020, DktEntry: 58-2, Page 14 of 117

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LLC
alley
nV
Your email address
issio 5, 2017
HM
y
v. DC d on Jul
ki
ve
ews
arcz 33 archi
K
in
56
citedOTHER5MERRIAM-WEBSTER DICTIONARIES
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Facility Definition of Facility DktEntry: 58-2,
Case: 15-55633, 07/10/2017, IID: 10502020,by Merriam-Webster Page 15 of 117

SINCE 1828

MENU

facility
noun I fa·cil+ty I \fe- ·si-le-te\
Popularity: Top 30% of words

Examples: FACILITY in a Sentence v

LLC
alley
nV
plural facilities
issio 5, 2017
HM
y
v. DC d on Jul
ki
e s
1
the quality of being easily w archive
arcz performed
in K
633
cited o. 15-55
N
2
ease in performance : APTITUDE • has a great facility for writing

Definition of FACILITY

3
4

readiness of compliance
a (1): something that makes an action, operation, or course of conduct easier
-usually used in plural •facilities for study • The resort has a wide range of
facilities for young and old alike. (2): LAVATORY 2 -often used in plural
b : something (such as a hospital) that is built, installed, or established to
serve a particular purpose

See facility defined for English-language learners
See facility defined for kids

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People Are Reading

LLC
alley
nV
issio 5, 2017
HM
y
v. DC d on Jul
ki
Examples of FACILITY in acSentence ive
ews
ar z 33 arch
in K
6
cited end 5-55 corridor.
The facilities are at the o. 1 of the
N
He had a great facility for writing.
He had great facility with words.
She handled the crisis with facility.

Recent Examples of FACILITY from the Web
An architect has been chosen, the $5.2 million needed for the project has been

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awaits new HQ", 2 June 2017

Over the past three years, Jeorse Park has undergone a facelift including the
addition of new facilities and park amenities.
- Javonte Anderson, Post-Tribune, "East Chicago lakefront prepares for facelift", 30 May
2017

Sand is used for filtration in water-treatment facilities, septic systems, and
swimming pools.
-

David Owen, The New Yorker, "The World Is Running Out of Sand", 29 May 2017

These example sentences are selected automatically from various online news sources to reflect current usage of the
word 'facility'. Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors.
Send us feedback.

LLC
alley
nV
issio 5, 2017
Origin and Etymology of FACILITY DCH M July
i v.
on
ewsk rchived
cz
see FACILE
Kar
3a
ed in 15-5563
cit
No.

FACILITY

Synonyms

Synonyms
complex, establishment, installation

https:/lwww.merriam-webster.com/dictionary/facility

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Phrases Related to FACILITY
Related Phrases
correctional facilities/institutions

LLC
alley
nV
issio 5, 2017
medical facility
HM
y
v. DC d on Jul
ki
sanitary facilities
ve
ews
arcz 33 archi
K
in
6
cited o. 15-55
N

correctional facility

FACILITY Defined for English Language Learners

facility
noun

Definition of FACILITY for English Language Learners
: something (such as a building or large piece of equipment) that is built for a
specific purpose
: something that makes an action, operation, or activity easier
: skill and ease in doing something

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facility
noun I fa·ci l+ty I \fa-· si-la-te\

Definition of FACILITY for Students
plural facilities
1

something built for a particular purpose • a sports facility

2

something that makes an action, operation, or activity easier • Our hotel
room had cooking facilities.

3

: ease in doing something • She handled the job with facility.

LLC
alley
nV
issio
Medical Dictionary 5, 2017
HM
y
v. DC d on Jul
ki
ve
ews
arcz 33 archi
K
in
6
cited o. 15-55
N
noun I fa·ci l+ty I \fa-· sil-at-e\

facility

Medical Definition of FACILITY
plural facilities
1

the quality of being easily performed

2

ease in performance : aptitude

3

something (as a hospital) that is built, installed, or established to serve a
particular purpose

I---- IL•---

-L---.L -- -·· ·-··

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Spanish Central: Translation of facility
Nglish: Translation of facility for Spanish speakers
Britannica English: Translation of facility for Arabic speakers

LLC
alley
nV
issio 5, 2017
HM
y
Seen and Heard
v. DC d on Jul
ki
zews arch ve
arcup facility? i Please tel I us where you read or heard
What made you want tonlook
i K 55633
cited if. possible).
it (including the quote, o 15N
+SHOW

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§

Architecture Definition of Architecture by Merriam-Webster
Case: 15-55633, 07/10/2017, IID: 10502020, DktEntry: 58-2, Page 21 of 117

SINCE 1828

MENU

architecture
noun I ar·chi·tec·ture I \'ar-ka-,tek-cher\
Popularity: Top 40% of words

Examples: ARCHllECTURE in a Sentence v

LLC
alley
V
: the art or science of building; specifically:isthe n or017
sio art 2 practice of designing
5,
HM
and building structures and especially habitablely
v. DC d on Ju ones
ski
czew archive
Kar
a : formation itedconstruction3resulting from or as if from a conscious act
or in 5-556 3
c
.1
• the architectureNo the garden
of

Definition of ARCHITECTURE
1

2

b: a unifying or coherent form or structure • a novel that lacks architecture
3

4
5

: architectural product or work • buildings that comprise the architecture of
the square

a method or style of building • Gothic architecture
the manner in which the components of a computer or computer system
are organized and integrated • different program architectures

See architecture defined for English-language learners
See architecture defined for kids

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ExploreM-W

LLC
alley
nV
issio 5, 2017
HM
y
v. DC d on Jul
i
kSentence
Examples of ARCHITECTURE ewa chive
in s
arcz 33 ar
in K 556
cited architecture.
In college, he studied o. 15N
The architecture of the building is modern.

Recent Examples of ARCHITECTURE from the Web
In September the Dahlln Group, an architecture and plannlng firm, was hired by
the city to design and eventually construct a project.
- Victoria Kezra, Tht Mtrcury Ntws, •Residents get a first look at Sunnyvale swim center
makeover", 16 June 2017

2110

Architecture Definition of Architecture by Merriam-Webster
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fact that synestias are single bodies, not a separate planet and disk.
-

Simon Lock, Scientific American Blog Network, "A New Theory of How the Moon Formed",
9 June 2017

And perhaps no surprise from a mayor with an undergraduate degree in
architecture and a masters in urban planning.
- J.F. Meils I Ap, Washington Post, "Can Salisbury and small urban enclaves make rural
cool?", 2 June 2017

These example sentences are selected automatically from various online news sources to reflect current usage of the
word 'architecture'. Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors.
Send us feedback.

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Origin and Etymology of ARCHITECTURE
see

ARCHITECT

ARCHITECTURE

Synonyms

Synonyms
frame, armature, cadre, configuration, edifice, fabric, framework, framing,
~ . -_I! ._ _ _ ...._ · - · · -.._ · · · - -

-•--••

_

• .

_ . _ .....___ . _

_ ....__ · - · · -....__ · · ·- -

Other Architecture Terms
buttress, casita, cornice, fanlight, garret, lintel, parapet, pilaster, plinth

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ARCHITECTURE Defined for English Language Learners

architecture
noun

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Definition of ARCHITECTURE for English Language Learners
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: the art or science of designing and creatingebuildings
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: a method or style
building
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: the way in which the parts of a computer are organized

ARCHITECTURE Defined for Kids

architecture
noun I ar·chi·tec·ture I \'ar-ka-,tek-char\

Definition of ARCHITECTURE for Students
the art of designing buildings • studying architecture

1
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-

~ rh11rrh

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- architecturally adverb • an architecturally innovative building

Medical Dictionary

architecture
noun I ar·chi·tec·ture

\'a r-ke- 'tek-cher\

Medical Definition of ARCHITECTURE
: the basic structural form especially of a bodily part or of a large molecule • the
architecture and function of the cerebral cortex
• the complex molecular architecture of muscle cells-Carolyn Cohen

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Learn More about ARCHITECTURE
See words that rhyme with architecture
Thesaurus: All synonyms and antonyms for architecture
Spanish Central: Translation of architecture
Nglish: Translation of architecture for Spanish speakers
Britannica English: Translation of architecture for Arabic speakers
Britannica.com: Encyclopedia article about architecture

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Oxford English Dictionary I The definitive record of the English
language

architecture, n.
Pronunciation:

/'a I k1tE ktjua/

Frequency (in current use):
Etymology: < French architecture (? or Italian architettura ), < Latin architectii.ra , < .•.
1. The art

or science of building or constructing edifices of any kind for
human use.
Regarded in this wide application, architecture is divided into civil, ecc1.esiG$tical, naval, military, which
deal respectively with houses and other buildings (such as bridges) of ordinary utility, churches, ships,
fortification. But architecture is sometimes regarded solely as a fine art, and then has the narrower
meaning explained in quots. 1849, ai878 below.

1563

SHUTE (title)

The first and chief Grounds of Architecture vsed in all the auncient and famous

monyments.
1581 Compendious Exam. Certayne Ordinary Complaints i. f. 9 Architecture, that is to say, the scyence of
building.

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1757 E. BURICE Philos. Enq. Sublime & Beautiful 11. §17. 63 The management of light y a matter of importance
lleis
n Va 17
in architecture.
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5, 2

1800 J. CHARNOCK (title) History of Marine~!!~!~.. · CH
~D
July
ki v theved on so disposes and adorns the edifices
1849 J. RUSKIN Seven LampsArchit. i. 7 czews
~~!~~is hi art which
ar
a
Kthem contribute rchis mental health, power, and pleasure.
sight
raised by man..that the d in of
633 to

cite

5-55

1
a1878 G. G. SCOTI' Leet. MedimvalArchit. (1879) II. 292
No.
the decoration of construction.
2. The action

~~!!~-~~·as

distinguished from mere building, is

or process of building. arch.

1646 Sm T. BROWNE Pseudodoxia Epidemica 381 [It] the great Cities Anchiale and Tarsus were built..both in
one day.. Certainely, it was the greatest~~!~~~ of one day, since that great one of sixe.
1736 BP. J. BmLER Analogy ofRelig. 1. i. 24 Carriages and Leavers and Scaffolds are [necessary] in
Architecture.

3. concr. Architectural work; structure, building.
1611 C. TouRNEUR Atheist's Trag. (new ed.) v. sig. K3 On these two pillars stood the stately frame, and
~~!!~~of my loftie house.
1759 JOHNSON Prince ofAbissinia II. xxix. 32 The ruins of their architecture are the schools of modem
builders.
1864 J. H. BURTON Scot Abroad I. v. 291

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~~!~~~' especially if it be of stone.

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4. The special method or 'style' in accordance with which the details of the
structure and ornamentation of a building are arranged.
a1701 H. MAUNDRELL Journey Aleppo to Jerusalem (1703) 133 The adjectitious buildings are of no mean
Architecture.
1853 J. RusKIN Stones ofVenice II. vi. 154 Many other~!.!:.~!:.~ besides Gothic.
1883

RmEING in

Harper's Mag. July 180/1 The Queen Anne~!!~.~ of the day.

5. transf. or.fig. Construction or structure generally; both abstr. and concr.
ci590 MAru.oWE Tamburlaine: ist Pt. n. vii The wondrous ?.:!'~!!~~~of the world.
1608 E. ToPSELL Hist. Serpents 50 Hieroglyphicall Emblems..made ready, and squared for the ~~!.~.~~ of
this discourse.
1794 R. J. SuuvAN View ofNature II. 391 Millions of opaque globes ..constitute the moving order of its
architecture.
1875 L. H. GRINDON Life (new ed.) xxvi. 337 In beautiful and ingenious ~~EJ!~.~. the birds, the bees, and
the wasps, have been competitors.
1907 F. R. SABIN in Morris & McMurrich HumanAnat. (ed. 4) v. 490 (heading)
Heart.

The~!~~~- of the

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D. CooKE Lang. Music i. 1 We speak of the'!!.£.~~~~~· of a symphony, and call 7
issio 5, 201 architecture, in its tum,
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kiproteinvchemistry expert
'C. E. MAINE' Dar"/oost ofNights ii. 32 He's s
e
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the architecture ofthe HuesteK
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N

1936 Discovery Nov. 363/1 The!!~!!!!~~.~ of molecules.
1959
1962

6. Computing. The conceptual structure and overall logical organization of
a computer or computer-based system from the point of view of its use or
design; a particular realization of this.
1962 F. BROOKS in W. Buchholz Planning Computer Syst. ii. 5 Computer~~!.~~~. like other~~~!~.~.
is the art of determining the needs of the user.. and then designing to meet those needs as effectively as
possible.
1964 IBM Jrnl. Res. & Devel. 8 87 (heading) ~-!~~~- of the IBM System/360.
1964 IBM Jrnl. Res. & Devel. 8 87 The term !!!:£.~t.'!~!.~. is used here to describe the attributes of a system
as seen by the programmer, i.e., the conceptual structure and functional behavior, as distinct from the
organization of the data flow and controls, the logical design, and the physical implementation.
1967 H. HELLERMAN Digital Computer Syst. Prine. viii. 328 A most important factor in machine ~~i!~~­
is the recognition of the increasingly important role of the high-level languages as the principal medium
of user-system interaction.
1975 Sci. Amer. May 35/1 One~~!?:!!~~-~ may emphasize facility of arithmetic operations and another may
stress convenience of input and output operations.
1979 G. D. KRAFr & W. N. TOY Mini/Microcomputer Hardware Design iii. 121 In the most widely used
minicomputer ~E!iliJ!~~_, the CPU communicates with main memory over a high-speed store bus; all
program-controlled operations involving external devices are required to take place over a separate 1/0
bus.
http://www.oed.com/view/Entry/10408#

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1981 I. FLoRES Data BaseArchit. i. 22 All three data base~~~!~~~.~ have implementations which compete
on the marketplace.
1984 Freetime Autumn 51/2 (advt.) Fast, powerful 32-bit architecture: allows windowing..and multitasking.
1985 Which Computer? Apr. 20 (advt.) Because of its multi-processor architecture, its performance doesn't
deteriorate as more users are added.

Oxford University Press

Copyright e 2017 Oxford University Press . All rights reserved.
Your access is brought to you by:
United States Court of Appeals Library - 9th Circuit

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ADA litle Ill Technical Assistance Manual
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Americans with Disabilities Act
ADA Title Ill Technical Assistance Manual
Covering Public Accommodations and Commercial
Facilities

Introduction
This technical assistance manual addresses the requirements of title Ill of the
Americans with Disabilities Act, which applies to public accommodations,
commercial facilities, and private entities offering certain examinations and courses.
It is one of a series of publications issued by Federal agencies under section 506 of
the ADA to assist individuals and entities in understanding their rights and duties
under the Act.
This manual is part of a broader program of technical assistanceLLC
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Department of Justice to promote voluntary compliance withl the requirements not
Va le 7
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only of title Ill, but also of title II of the ADA, whichsapplies , 2the operations of State
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and local governments.
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The purpose of this technical 5633 a manual is to present the ADA's title Ill
e in
cita d o. 15-5will be useful to the widest possible audience. The
requirements in format that
N

guidance provided in the Department's regulations and accompanying preambles
has been carefully reorganized to provide a focused, systematic description of the
ADA's requirements. The manual attempts to avoid an overly legalistic style without
sacrificing completeness. In order to promote readability and understanding, the
text makes liberal use of questions and answers and illustrations.
The manual is divided into nine major subject matter headings with numerous
numbered subheadings. Each numbered heading and subheading is listed in a
quick reference table of contents at the beginning of the manual.

Contents

111-1.0000 COVERAGE
111-1.1000 General.
111-1.2000 Public accommodations.
111-1.3000 Commercial facilities.
111-1.3100 Exceptions.
111-1.4000 Examinations and courses.
111-1.5000 Religious entities.
111-1.5100 Definition.
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111-1.5200 Scope of exemption.
111-1.6000 Private clubs.
111-1.7000 Relationship to title II.
111-1.8000 Relationship to other laws.
111-1.8100 Rehabilitation Act.
111-1.8200 Other Federal and State laws.

111-2.0000 INDIVIDUALS WITH DISABILITIES
111-2.1000 General.
111-2.2000 Physical or mental impairments.
111-2.3000 Drug addiction as an impairment.
111-2.4000 Substantial limitation of a major life activity.
111-2.5000 Record of a physical or mental impairment that
substantially limited a major life activity.
111-2.6000 "Regarded as."
111-2.7000 Exclusions.
111-3.0000 GENERAL REQUIREMENTS
111-3.1000 General.
111-3.2000 Denial of participation.
111-3.3000 Equality in participation/benefits.
C
111-3.4000 Separate benefiUintegrated setting. lley LL
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111-3.4100 Separate programs.
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111-3.4200 Right to participate in the M
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111-3.4300 Modificationski v. regular n J
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111-3.5000 Discrimination onch basis of association.
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111-3.6000 Retaliation or coercion.
cited o. 15-55
N
111-3.7000 Maintenance of accessible features.
111-3.8000 Direct threat.
111-3.9000 Illegal use of drugs.
111-3.10000 Smoking.
111-3.11000 Insurance.
111-3.12000 Places of public accommodation located in
private residences.
111-4.0000 SPECIFIC REQUIREMENTS
111-4.1000 Eligibility criteria
111-4.1100 General.
111-4.1200 Safety.
111-4.1300 Unnecessary inquiries.
111-4.1400 Surcharges.
111-4.2000 Reasonable modifications.
111-4.2100 General.
111-4.2200 Specialties.
111-4.2300 Service animals.
111-4.2400 Check-out aisles.
111-4.2500 Accessible or special goods.
111-4.2600 Personal services and devices.
111-4.3000 Auxiliary aids
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111-4.3100 General.
111-4.3200 Effective communication.
111-4.3300 Examples of auxiliary aids and services.
111-4.3400 Telecommunication devices for the deaf (TDD's).
111-4.3410 Calls incident to business operations.
111-4.3420 Outgoing calls by customers, clients, patients, or
participants.
111-4.3500 Closed caption decoders.
111-4.3600 Limitations and alternatives.
111-4.4000 Removal of barriers
111-4.4100 General.
111-4.4200 Readily achievable barrier removal.
111-4.4300 Standards to apply.
111-4.4400 Continuing obligation.
111-4.4500 Priorities for barrier removal.
111-4.4600 Seating in assembly areas.
111-4.4700 Transportation barriers.
111-4.5000 Alternatives to barrier removal
111-4.5100 General.
111-4.5200 Multiscreen cinemas.
111-4.6000 Examinations and courses.
111-4.6100 Examinations.
111-4.6200 Courses.
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111-5.0000 NEW CONSTRUCTION
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111-5.3000 Application of ADAAG.
N
111-5.4000 Elevator exemption.
111-5.4100 Shopping center or mall.
111-5.4200 Professional office of a health care provider.
111-5.4300 Transportation terminals.
111-6.0000 ALTERATIONS
111-6.1000 General.
111-6.2000 Alterations: Path of travel.
111-6.3000 Alterations: Elevator exemption.
111-6.4000 Alterations: Historic preservation.

111-7.0000 THE AMERICANS WITH DISABILITIES ACT
ACCESSIBILITY GUIDELINES (ADAAG)
111-7 .1000 General.
111-7.2000 General requirements/definitions
111-7 .2100 Equivalent facilitation.
111-7.3000 Accessible elements and spaces: Scoping and
technical requirements
111-7.3100 Application.
111-7.3110 Work areas.
111-7.3120 Temporary structures.
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111-7.3130 General exceptions.
111-7.4000 Sites and exterior facilities
111-7.4100 General.
111-7.4200 Accessible route.
111-7.4300 Parking.
Ill- 7.4400 Signage.
111-7.5000 Buildings: New construction.
111-7.5100 General.
111-7.5105 Accessible route.
111-7.5110 Stairs.
111-7.5115 Elevators and platform lifts.
111-7.5120 Windows.
111-7.5125 Doors.
111-7.5130 Entrances.
111-7.5135 Areas of rescue assistance.
111-7.5140 Drinking fountains.
111-7.5145 Bathrooms.
111-7.5150 Storage, shelving, and display units.
111-7.5155 Controls and operating mechanisms.
111-7.5160 Alarms.
111-7.5161 Detectable Warnings
111-7.5165 Signage.
111-7.5170 Telephones.
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111-7.5175 Fixed seating.
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111-7.5180 Assembly areas.
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111-7.5190 Dressing and fitting rooms.
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111-7.
N Alterations.
111-7.8000 Special facility types
111-7.8100 Historic preservation.
111-7.8200 Restaurants and cafeterias.
111-7.8300 Medical care facilities.
111-7.8400 Business and mercantile.
111-7.8500 Libraries.
111-7.8600 Transient lodging.
111-7.8700 Transportation facilities.

111-8.0000 ENFORCEMENT
111-8.1000 General.
111-8.2000 Private suits.
111-8.3000 Investigations and compliance reviews.
111-8.4000 Suit by the Attorney General.
111-8.5000 Attorney's fees.
111-8.6000 Alternative means of dispute resolution.
111-8.7000 Technical assistance.
111-8.8000 Effective date.
111-9.0000 CERTIFICATION

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111-9.1000 General.
111-9.2000 Relationship to State and local enforcement
efforts.
111-9.3000 Procedure: Application and preliminary review.
111-9.4000 Preliminary determination.
111-9.5000 Procedure following preliminary determination of
equivalency.
111-9.6000 Procedure following preliminary denial of
certification.
111-9. 7000 Effect of certification.
111-9.8000 Certification and barrier removal in existing
facilities.
111-9.9000 Review of model codes.

INDEX
111-1.0000 COVERAGE
Regulatory references: 28 CFR 36.102-36.104.

111-1.1000 General. Title Ill of the ADA covers --

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2) Commercial facilities; and CH M
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postsecondary education, professional, or trade purposes.
N
1) Places of public accommodation;

The obligations of title Ill only extend to private entities. State and local
government entities are public entities covered by title II of the ADA, not
by title 111.
Title Ill also covers private entities primarily engaged in transporting
people. The Department of Transportation has issued regulations
implementing that section of title 111.
Is the Federal Government covered by title Ill because it is not a "public
entity" under title II? The operations of the executive branch of the
Federal Government are not covered by title Ill of the ADA. They are
covered, however, by sections 501 and 504 of the Rehabilitation Act of
1973, as amended, which prohibit disability discrimination in programs
and activities conducted by Federal Executive agencies or the United
States Postal Service, and by the Architectural Barriers Act, which
requires that the design, construction, and alteration of Federal
buildings be done in an accessible manner. The activities of the
legislative branch, including Congress, on the other hand, are covered
under title V of the ADA.
Are places of public accommodation and commercial facilities subject to
the same requirements? No. Both places of public accommodation and
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commercial facilities (which include many facilities that are not places of
public accommodation) are subject to the title Ill requirements for new
construction and alterations. In addition to these requirements, places of
public accommodation must be operated in accordance with the full
range of title Ill requirements, such as nondiscriminatory eligibility
criteria; reasonable modifications in policies, practices, and procedures;
provision of auxiliary aids; and removal of barriers in existing facilities.

111-1.2000 Public accommodations. The broad range of title Ill
obligations relating to "places of public accommodation" must be met by
entities that the Department of Justice regulation labels as "public
accommodations. " In order to be considered a public accommodation
with title Ill obligations, an entity must be private and it must Own;
Lease;
Lease to; or
Operate
a place of public accommodation.

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What is a place of public accommodation? A Valle of public
place
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accommodation is a facility whose operations ,
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Fall iwithin at 15-55 of the following 12 categories:
c ted o. least one
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1) Places of lodging (e.g., inns, hotels, motels)
(except for owner-occupied establishments
renting fewer than six rooms);
2) Establishments serving food or drink (e.g. ,
restaurants and bars);
3) Places of exhibition or entertainment (e.g. ,
motion picture houses, theaters, concert halls,
stadiums);

4) Places of public gathering (e.g. , auditoriums,
convention centers, lecture halls);
5) Sales or rental establishments (e.g. , bakeries,
grocery stores, hardware stores, shopping
centers);
6) Service establishments (e.g. , laundromats,
dry-cleaners, banks, barber shops, beauty shops,
travel services, shoe repair services, funeral
parlors, gas stations, offices of accountants or
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lawyers, pharmacies, insurance offices,
professional offices of health care providers,
hospitals);

7) Public transportation terminals, depots, or
stations (not including facilities relating to air
transportation);
8) Places of public display or collection (e.g. ,
museums, libraries, galleries);
9) Places of recreation (e.g. , parks, zoos,
amusement parks);
10) Places of education (e.g. , nursery schools,
elementary, secondary, undergraduate, or
postgraduate private schools);
11) Social service center establishments (e.g.,
day care centers, senior citizen centers,
homeless shelters, food banks, adoption
agencies); and
12) Places of exercise or recreation (e.g. ,
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courses).
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Can a facility be consideredsa
accommodation if it does
zew archiv
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3
not fall under one of these 3
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exhaustive list. However, within each category the examples given are
N

just illustrations. For example, the category "sales or rental
establishments" would include many facilities other than those
specifically listed, such as video stores, carpet showrooms, and athletic
equipment stores.
What if a private entity operates, or leases space to, many different
types of facilities, of which only relatively few are places of public
accommodation? Is the whole private entity still a public
accommodation? The entire private entity is, legally speaking, a public
accommodation, but it only has ADA title Ill obligations with respect to
the operations of the places of public accommodation.
ILLUSTRATION: ZZ Oil Company owns a wide range of
production and processing facilities that are not places of
public accommodation. It also operates a large number of
retail service stations that are places of public
accommodation. In this case, ZZ Oil Company would be a
public accommodation. However, only its operations relating
to the retail service stations are subject to the broad title Ill
requirements for public accommodations. The other
facilities, however, are commercial facilities and would be

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subject only to the requirements for new construction and
alterations.

Do both a landlord who leases space in a building to a tenant and the
tenant who operates a place of public accommodation have
responsibilities under the ADA? Both the landlord and the tenant are
public accommodations and have full responsibility for complying with
all ADA title Ill requirements applicable to that place of public
accommodation. The title Ill regulation permits the landlord and the
tenant to allocate responsibility, in the lease, for complying with
particular provisions of the regulation. However, any allocation made in
a lease or other contract is only effective as between the parties, and
both landlord and tenant remain fully liable for compliance with all
provisions of the ADA relating to that place of public accommodation.
ILLUSTRATION: ABC Company leases space in a shopping
center it owns to XYZ Boutique. In their lease, the parties
have allocated to XYZ Boutique the responsibility for
complying with the barrier removal requirements of title Ill
within that store. In this situation, if XYZ Boutique fails to
remove barriers, both ABC Company (the landlord) and XYZ
Boutique (the tenant) would be liable for violating the ADA
and could be sued by an XYZ customer. Of course, in the
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Is a bank ithat acquires ownership of a place of public accommodation
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through foreclosure subject to title Ill? Yes. Any owner of a place of
public accommodation is covered as a public accommodation
regardless of the intended or actual duration of its ownership.
Can a place of public accommodation be covered by both the ADA and
the Fair Housing Act (FHA)? Yes. The analysis for determining whether
a facility is covered by title Ill is entirely separate and independent from
the analysis used to determine coverage under the FHA. A facility can
be a residential dwelling under the FHA and still fall in whole or in part
under at least one of the 12 categories of places of public
accommodation. ILLUSTRATION: LM, Inc. , a private, nonsectarian,
nonprofit organization operates a homeless shelter permitting stays
ranging from overnight to those of sufficient length to result in coverage
as a dwelling under the FHA. Because it permits short-term, overnight
stays, the shelter may also be considered a place of public
accommodation as a "place of lodging," and covered by title Ill of the
ADA. In addition, if the shelter provides a significant enough level of
social services, such as medical care, meals, counseling,
transportation, or training, it may also be covered under title Ill as a
"social service center establishment. "
Does title Ill apply to common areas within residential facilities?
Although title Ill does not apply to strictly residential facilities, it covers
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places of public accommodation within residential facilities. Thus, areas
within multifamily residential facilities that qualify as places of public
accommodation are covered by the ADA if use of the areas is not
limited exclusively to owners, residents, and their guests.

ILLUSTRATION 1: A private residential apartment complex
includes a swimming pool for use by apartment tenants and
their guests. The complex also sells pool "memberships"
generally to the public. The pool qualifies as a place of
public accommodation.
ILLUSTRATION 2: A residential condominium association
maintains a longstanding policy of restricting use of its party
room to owners, residents, and their guests. Consistent with
that policy, it refuses to rent the room to local businesses
and community organizations as a meeting place for
educational seminars. The party room is not a place of
public accommodation.
ILLUSTRATION 3: A private residential apartment complex
contains a rental office. The rental office is a place of public
accommodation.

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Are model homes places of public accommodation? Generally, no. A
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developers to N
voluntarily provide at least a minimal level of access to
model homes for potential homebuyers with disabilities. For example, a
developer could provide physical access (via ramp or lift) to the primary
level of one of several model homes and make photographs of other
levels within the home as well as of other models available to the
customer.
Can a vacation timeshare property be a place of public
accommodation? Yes. Whether a particular timeshare property is a
place of public accommodation depends upon how much the timeshare
operation resembles that of a hotel or other typical place of lodging.
Among the factors to be considered in this determination are -1) Whether the timeshare offers short-term ownership
interests (for instance, stays of one week or less are
considered short term);
2) The nature of the ownership interest conveyed (e.g. , fee
simple);
3) The degree of restrictions placed on the ownership (e.g. ,
whether the timeshare owner has the right to occupy, alter,

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or exercise control over a particular unit over a period of
time);

4) The extent to which the operations resemble those of a
hotel, motel, or inn (e.g., reservations, central registration,
meals, laundry service).
If a public accommodation operating two geographically separate
facilities serves clients or customers at one location and has only
administrative offices at another, are both sites places of public
accommodation? No. Only the facility in which clients or customers are
served is covered as a place of public accommodation. The
geographically separate, employees-only facility is a commercial facility,
but any activities undertaken in that facility that affect the operations of
the place of public accommodation are subject to the title Ill
requirements for public accommodations.
ILLUSTRATION: A medical care provider owns one building
in which patients are seen, and another building in a different
location that contains only administrative offices. At the
building housing the administrative offices, no services are
provided (no patients go there, only employees). The
building where patients are treated is a place of public
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accommodations. For example, a protocol for the provision
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of auxiliary aids that is issued as a directive to medical staff
by the administrative office must comply with the effective
communication requirements for public accommodations.
BUT: If patients receive medical services in the same
building where the administrative offices are located, the
entire building is a place of public accommodation, even if
one or more floors are reserved for the exclusive use of
employees.

111-1.3000 Commercial facilities. The requirements of title Ill for new
construction and alterations cover commercial facilities, which include
nonresidential facilities, such as office buildings, factories, and
warehouses, whose operations affect commerce. This category sweeps
under ADA coverage a large number of potential places of employment
that are not covered as places of public accommodation. A building may
contain both commercial facilities and places of public accommodation.

111-1.3100 Exceptions. Commercial facilities do not include rail vehicles
or any facility covered by the Fair Housing Act. Residential dwelling
units, therefore, are not commercial facilities. In addition, facilities that
are expressly exempted from coverage under the Fair Housing Act are
also not considered to be commercial facilities. For example, ownerhttps://www.ada.gov/taman3.html

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occupied rooming houses providing living quarters for four or fewer
families, which are exempt from the Fair Housing Act, would not be
commercial facilities.

Even though private air terminals are not considered to be places of
public accommodation, are airports covered as commercial facilities?
Yes, private air terminals are commercial facilities and, therefore, would
be subject to the new construction and alterations requirements of title
Ill. Moreover, while a private air terminal, itself, may not be a place of
public accommodation (because the ADA statutory language exempts
air transportation), the retail stores and service establishments located
within a private airport would be places of public accommodation. (In
addition, private airports that receive Federal financial assistance are
subject to the requirements of section 504 of the Rehabilitation Act of
1973, which prohibits discrimination on the basis of disability in
programs and activities of recipients of Federal funds. Airline operations
at private airports may also be subject to the nondiscrimination
requirements of the Air Carrier Access Act.) Air terminals operated by
public entities would be covered by title II of the ADA, not title Ill; but
any private retail stores operated within the terminal would be places of
public accommodation covered by title Ill.

111-1.4000 Examinations and courses. Private entities offering
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111-1.5000 Religious entities. Religious entities are exempt from the

requirements of title Ill of the ADA. A religious entity, however, would be
subject to the employment obligations of title I if it has enough
employees to meet the requirements for coverage.

111-1.5100 Definition. A religious entity is a religious organization or an
entity controlled by a religious organization, including a place of
worship.
If an organization has a lay board, is it automatically ineligible for the
religious exemption? No. The exemption is intended to have broad
application. For example, a parochial school that teaches religious
doctrine and is sponsored by a religious order could be exempt, even if
it has a lay board.

111-1.5200 Scope of exemption. The exemption covers all of the
activities of a religious entity, whether religious or secular.
ILLUSTRATION: A religious congregation operates a day
care center and a private elementary school for members
and nonmembers alike. Even though the congregation is
operating facilities that would otherwise be places of public

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accommodation, its operations are exempt from title Ill
requirements.

What if the congregation rents to a private day care center or
elementary school? Is the tenant organization also exempt? The private
entity that rents the congregation's facilities to operate a place of public
accommodation is not exempt, unless it is also a religious entity. If it is
not a religious entity, then its activities would be covered by title Ill. The
congregation, however, would remain exempt, even if its tenant is
covered. That is, the obligations of a landlord for a place of public
accommodation do not apply if the landlord is a religious entity.
If a nonreligious entity operates a community theater or other place of
public accommodation in donated space on the congregation's
premises, is the nonreligious entity covered by title Ill? No. A
nonreligious entity running a place of public accommodation in space
donated by a religious entity is exempt from title Ill's requirements. The
nonreligious tenant entity is subject to title Ill only if a lease exists under
which rent or other consideration is paid.

111-1.6000 Private clubs. The obligations of title 111 do not apply to any
"private club. " An entity is a private club for purposes of the ADA if it is
a private club under title II of the Civil Rights Act of 1964, which
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1) Members exercise a high degree of control over club
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2) The membership selection process is highly selective.
3) Substantial membership fees are charged.
4) The entity is operated on a nonprofit basis.
5) The club was not founded specifically to avoid compliance
with Federal civil rights laws.
Facilities of a private club lose their exemption to the extent that they
are made available for use by nonmembers as places of public
accommodation.
ILLUSTRATION: A private country club that would be
considered a "private club" for ADA purposes rents space to
a private day care center that is also open to the children of
nonmembers. Although the private club would maintain its
exemption for its other operations, it would have title Ill
obligations with respect to the operation of the day care
center.
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111-1.7000 Relationship to title II. Public entities, by definition, can
never be subject to title Ill of the ADA, which covers only private
entities. Conversely, private entities cannot be covered by title II. There
are many situations, however, in which public entities stand in very
close relation to private entities that are covered by title Ill, with the
result that certain activities may be affected, at least indirectly, by both
titles.

ILLUSTRATION 1: A State department of parks provides a
restaurant in one of its State parks. The restaurant is
operated by X Corporation under a concession agreement.
As a public accommodation, X Corporation is subject to title
Ill of the ADA. The State department of parks, a public entity,
is subject to title II. The parks department is obligated to
ensure by contract that the restaurant will be operated in a
manner that enables the parks department to meet its title II
obligations, even though the restaurant is not directly subject
to title II.
ILLUSTRATION 2: The City of W owns a downtown office
building occupied by W's Department of Human Resources.
The first floor is leased as commercial space to a restaurant,
a newsstand, and a travel agency. The City of W, as a LC
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building. As a public entity, it cannot be sion to 017Ill,
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ILLUSTRATION-3: A private, nonprofit corporation operates
cited o. 15
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a number of group homes under contract with a State

agency for the benefit of individuals with mental disabilities.
These particular homes provide a significant enough level of
social services to be considered places of public
accommodation under title Ill. The State agency must
ensure that its contracts are carried out in accordance with
title II, and the private entity must ensure that the homes
comply with title Ill.
Where public and private entities act jointly, the public entity must
ensure that the relevant requirements of title II are met; and the private
entity must ensure compliance with title Ill.
ILLUSTRATION: The City of W engages in a joint venture
with T Corporation to build a new professional football
stadium. The new stadium would have to be built in
compliance with the accessibility guidelines of both titles II
and Ill. In cases where the standards differ, the stadium
would have to meet the standard that provides the highest
degree of access to individuals with disabilities.

111-1.8000 Relationship to other laws
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111-1.8100 Rehabilitation Act. Title Ill is intended to provide protection
to individuals with disabilities that is at least as great as that provided
under title V of the Rehabilitation Act. Title V includes such provisions
as section 504, which covers all the operations of Federal Executive
agencies and programs receiving Federal financial assistance. Title Ill
may not be interpreted to provide a lesser degree of protection to
individuals with disabilities than is provided under section 504.

111-1.8200 Other Federal and State laws. Title Ill does not disturb other
Federal laws or any State law that provides protection for individuals
with disabilities at a level greater or equal to that provided by the ADA. It
does, however, prevail over any conflicting State laws.

111-2.0000 INDIVIDUALS WITH DISABILITIES
Regulatory references: 28 CFR 36.104.

111-2.1000 General. Title Ill of the ADA prohibits discrimination against
any "individual with a disability. " People commonly refer to disabilities
or disabling conditions in a broad sense. For example, poverty or lack of
education may impose real limitations on an individual's opportunities.
Likewise, being only five feet in height may prove to be an
insurmountable barrier to an individual whose ambition is to play
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conditions as "disabilities" in relation to the aspirations 17
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Title Ill protects three categories of individuals with disabilities:
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1) Individuals who have a physical or mental impairment that
substantially limits one or more major life activities;
2) Individuals who have a record of a physical or mental
impairment that substantially limited one or more of the
individual's major life activities; and
3) Individuals who are regarded as having such an
impairment, whether they have the impairment or not.

111-2.2000 Physical or mental impairments. The first category of
persons covered by the definition of an individual with a disability is
restricted to those with "physical or mental impairments. " Physical
impairments include -1) Physiological disorders or conditions;
2) Cosmetic disfigurement; or
3) Anatomical loss

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affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs (which would include speech
organs that are not respiratory such as vocal cords, soft palate, tongue,
etc.); respiratory, including speech organs; cardiovascular; reproductive;
digestive; genitourinary; hemic and lymphatic; skin; and endocrine.

Specific examples of physical impairments include orthopedic, visual,
speech, and hearing impairments, cerebral palsy, epilepsy, muscular
dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV
disease (symptomatic or asymptomatic), tuberculosis, drug addiction,
and alcoholism.
Mental impairments include mental or psychological disorders, such as
mental retardation, organic brain syndrome, emotional or mental illness,
and specific learning disabilities.
Simple physical characteristics such as the color of one's eyes, hair, or
skin; baldness; left-handedness; or age do not constitute physical
impairments. Similarly, disadvantages attributable to environmental,
cultural, or economic factors are not the type of impairments covered by
title Ill. Moreover, the definition does not include common personality
traits such as poor judgment or a quick temper, where these are not
symptoms of a mental or psychological disorder.

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Does title Ill prohibit discrimination against individuals 17
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sexual orientation? No. The phrase "physical or ly 5, 2 impairment"
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impairment under the ADA. A public accommodation generally,
No.

however, may base a decision to withhold services or benefits in most
cases on the fact that an addict is engaged in the current and illegal use
of drugs.
What is "illegal use of drugs"? Illegal use of drugs means the use of one
or more drugs, the possession or distribution of which is unlawful under
the Controlled Substances Act. It does not include use of controlled
substances pursuant to a valid prescription or other uses that are
authorized by the Controlled Substances Act or other Federal law.
Alcohol is not a "controlled substance," but alcoholism is a disability.
What is "current use"? "Current use" is the illegal use of controlled
substances that occurred recently enough to justify a reasonable belief
that a person's drug use is current or that continuing use is a real and
ongoing problem. Therefore, a private entity should review carefully all
the facts surrounding its belief that an individual is currently taking
illegal drugs to ensure that its belief is a reasonable one.
Does title Ill protect drug addicts who no longer take controlled
substances? Yes. Title Ill prohibits discrimination against drug addicts
based solely on the fact that they previously illegally used controlled
substances. Protected individuals include persons who have
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successfully completed a supervised drug rehabilitation program or
have otherwise been rehabilitated successfully and who are not
engaging in current illegal use of drugs. Additionally, discrimination is
prohibited against an individual who is currently participating in a
supervised rehabilitation program and is not engaging in current illegal
use of drugs. Finally, a person who is erroneously regarded as engaging
in current illegal use of drugs is protected.

Is drug testing permitted under the ADA? Yes. Public accommodations
may utilize reasonable policies or procedures, including but not limited
to drug testing, designed to ensure that an individual who formerly
engaged in the illegal use of drugs is not now engaging in current illegal
use of drugs.

111-2.4000 Substantial limitation of a major life activity. To constitute
a "disability," a condition must substantially limit a major life activity.
Major life activities include such activities as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
When does an impairment "substantially limit" a major life activity?
There is no absolute standard for determining when an impairment is a
substantial limitation. Some impairments obviously or by their nature
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ILLUSTRATION 1: A person who is on J
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limited in the ar
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substantially limited.

ILLUSTRATION 2: A person with traumatic brain injury may
be substantially limited in the major life activities of caring for
one's self, learning, and working because of memory deficit,
confusion, contextual difficulties, and inability to reason
appropriately.
An impairment substantially interferes with the accomplishment of a
major life activity when the individual's important life activities are
restricted as to the conditions, manner, or duration under which they
can be performed in comparison to most people.
ILLUSTRATION 1: A person with a minor vision impairment,
such as 20/40 vision, does not have a substantial
impairment of the major life activity of seeing.
ILLUSTRATION 2: A person who can walk for 10 miles
continuously is not substantially limited in walking merely
because, on the eleventh mile, he or she begins to
experience pain, because most people would not be able to
walk eleven miles without experiencing some discomfort.

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Are "temporary" mental or physical impairments covered by title Ill?
Yes, if the impairment substantially limits a major life activity. The issue
of whether a temporary impairment is significant enough to be a
disability must be resolved on a case-by-case basis, taking into
consideration both the duration (or expected duration) of the impairment
and the extent to which it actually limits a major life activity of the
affected individual.

ILLUSTRATION: During a house fire, M received burns
affecting his hands and arms. While it is expected that, with
treatment, M will eventually recover full use of his hands, in
the meantime he is substantially limited in performing basic
tasks required to care for himself such as eating and
dressing. Because M's burns are expected to substantially
limit a major life activity (caring for one's self) for a significant
period of time, M would be considered to have a disability
covered by title 111.
If a person's impairment is greatly lessened or eliminated through the
use of aids or devices, would the person still be considered an
individual with a disability? Whether a person has a disability is
determined without regard to the availability of mitigating measures,
such as reasonable modifications, auxiliary aids and services, C
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or devices of a personal nature, or medication. For example,
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111-2.5000 Record of a physical or mental impairment that
substantially limited a major life activity. The ADA protects not only
those individuals with disabilities who actually have a physical or mental
impairment that substantially limits a major life activity, but also those
with a record of such an impairment.

This protected group includes -1) A person who has a history of an impairment that
substantially limited a major life activity but who has
recovered from the impairment. Examples of individuals who
have a history of an impairment are persons who have
histories of mental or emotional illness, drug addiction,
alcoholism, heart disease, or cancer.
2) Persons who have been misclassified as having an
impairment. Examples include persons who have been
erroneously diagnosed as mentally retarded or mentally ill.

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111-2.6000 "Regarded as. " The ADA also protects certain persons who
are regarded by a public entity as having a physical or mental
impairment that substantially limits a major life activity, whether or not
that person actually has an impairment. Three typical situations are
covered by this category:

1) An individual who has a physical or mental impairment
that does not substantially limit major life activities, but who
is treated as if the impairment does substantially limit a
major life activity;
ILLUSTRATION: A, an individual with mild
diabetes controlled by medication, is barred by
the staff of a private summer camp from
participation in certain sports because of her
diabetes. Even though A does not actually have
an impairment that substantially limits a major life
activity, she is protected under the ADA because
she is treated as though she does.
2) An individual who has a physical or mental impairment
that substantially limits major life activities only as a result of
the attitudes of others towards the impairment;

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limits her major life activities only as the result of
the attitudes of others toward her impairment.

3) An individual who has no impairments but who is treated
by a public accommodation as having an impairment that
substantially limits a major life activity.
ILLUSTRATION: C is excluded from a private
elementary school because the principal believes
rumors that C is infected with the HIV virus. Even
though these rumors are untrue, C is protected
under the ADA, because he is being subjected to
discrimination by the school based on the belief
that he has an impairment that substantially limits
major life activities (i.e. , the belief that he is
infected with HIV).

111-2.7000 Exclusions. The following conditions are specifically
excluded from the definition of "disability": transvestism, transsexualism,
pedophilia, exhibitionism, voyeurism, gender identity disorders not
resulting from physical impairments, other sexual behavior disorders,

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compulsive gambling, kleptomania, pyromania, and psychoactive
substance use disorders resulting from current illegal use of drugs.

111-3.0000 GENERAL REQUIREMENTS
Regulatory references: 28 CFR 36.201-36.213.

111-3.1000 General. A public accommodation may not discriminate
against an individual with a disability in the operation of a place of public
accommodation. Individuals with disabilities may not be denied full and
equal enjoyment of the "goods, services, facilities, privileges,
advantages, or accommodations" offered by a place of public
accommodation. The phrase "goods, services, facilities, privileges,
advantages, or accommodations" applies to whatever type of good or
service a public accommodation provides to its customers or clients. In
other words, a public accommodation must ensure equal opportunity for
individuals with disabilities.
Several broad principles underlie the nondiscrimination requirements of
title 111. These include -1) Equal opportunity to participate;

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3) Receipt of benefits in the most integrated setting 17
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cito d o. 15-55 general requirements. The specific provisions
designed
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furnish guidance on how a public accommodation can meet its
2) Equal opportunity to benefit; and

obligations in particular situations and establish standards for
determining when the general requirement has been violated. Where a
specific requirement applies, it controls over the general requirement.
ILLUSTRATION: Public accommodations are only required
to remove architectural barriers in existing facilities if
removal is "readily achievable" (see 111-4.4200). If making the
main entrance to a place of public accommodation
accessible is not readily achievable, the public
accommodation can provide access to the facility through
another entrance, even though use of the alternative
entrance for individuals with disabilities would not be the
most integrated setting appropriate.

111-3.2000 Denial of participation. The ADA prohibits discriminatory
denial of services or benefits to individuals with disabilities. Just as
under the Civil Rights Act of 1964 a restaurant cannot refuse to admit
an individual because of his or her race under the ADA, it cannot refuse
to admit an individual merely because he or she has a disability.
ILLUSTRATION: A theater cannot refuse to admit an
individual with mental retardation to a performance merely
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because of the individual's mental disability.

111-3.3000 Equality in participation/benefits. The ADA mandates an
equal opportunity to participate in or benefit from the goods and
services offered by a place of public accommodation, but does not
guarantee that an individual with a disability must achieve an identical
result or level of achievement as persons without disabilities.
ILLUSTRATION 1: Persons with disabilities must not be
limited to certain performances at a theater.
ILLUSTRATION 2: An individual who uses a wheelchair may
not be excluded from an exercise class at a health club
because he or she cannot do all of the exercises and derive
the same result from the class as persons without
disabilities.

111-3.4000 Separate benefit/integrated setting. A primary goal of the
ADA is the equal participation of individuals with disabilities in the
"mainstream" of American society. The major principles of
mainstreaming include the following:
1) Individuals with disabilities must be integrated to the
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regular program, or required to accept special services or
benefits.

111-3.4100 Separate programs. A public accommodation may offer
separate or special programs necessary to provide individuals with
disabilities an equal opportunity to benefit from the programs. Such
programs must, however, be specifically designed to meet the needs of
the individuals with disabilities for whom they are provided.
ILLUSTRATION 1: Museums generally do not allow visitors
to touch exhibits because handling can cause damage to the
objects. A municipal museum may offer a special tour for
individuals with vision impairments during which they are
permitted to touch and handle specific objects on a limited
basis. (It cannot, however, exclude a blind person from the
standard museum tour.)
ILLUSTRATION 2: A private athletic facility may sponsor a
separate basketball league for individuals who use
wheelchairs.

111-3.4200 Right to participate in the regular program. Even if a
separate or special program for individuals with disabilities is offered, a
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public accommodation cannot deny an individual with a disability
participation in its regular program, unless some other limitation on the
obligation to provide services applies. See, e.g. , 111-3.8000 (direct
threat); 111-4.1000 (eligibility criteria).

ILLUSTRATION: An individual who uses a wheelchair may
be excluded from playing in a basketball league, if the
recreation center can demonstrate that the exclusion is
necessary for safe operation.
Individuals with disabilities are entitled to participate in regular
programs, even if the public accommodation could reasonably believe
that they cannot benefit from the regular program.
ILLUSTRATION: A museum cannot exclude a person who is
blind from a tour because of assumptions about his or her
inability to appreciate and benefit from the tour experience.
Similarly, a deaf person may not be excluded from a
museum concert because of a belief that deaf persons
cannot enjoy the music.
The fact that a public accommodation offers special programs does not
affect the right of an individual with a disability to participate in regular
LLC
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Individuals with disabilities may not be required to accept special
"benefits" if they choose not to do so.
ILLUSTRATION: ABC theater offers reduced rate tickets for
individuals with disabilities and requires appropriate
documentation for eligibility for the reduced rates. ABC
cannot require an individual who qualifies for the reduced
rate to present documentation or accept the reduced rate, if
he or she chooses to pay the full price.

111-3.4300 Modifications in the regular program. When a public
accommodation offers a special program for individuals with a particular
disability, but an individual with that disability elects to participate in the
regular program rather than in the separate program, the public
accommodation may still have obligations to provide an opportunity for
that individual to benefit from the regular program. The fact that a
separate program is offered may be a factor in determining the extent of
the obligations under the regular program, but only if the separate
program is appropriate to the needs of the particular individual with a
disability.

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ILLUSTRATION: If a museum provides a sign language
interpreter for one of its regularly scheduled tours, the
availability of the signed tour may be a factor in determining
whether it would be an undue burden to provide an
interpreter for a deaf person who wants to take the tour at a
different time.

BUT: The availability of the signed tour would not affect the
museum's obligation to provide an interpreter for a different
tour, or the museum's obligation to provide a different
auxiliary aid, such as an assistive listening device, for an
individual with impaired hearing who does not use sign
language.

111-3.5000 Discrimination on the basis of association. A public
accommodation may not discriminate against individuals or entities
because of their known relationship or association with persons who
have disabilities.
ILLUSTRATION: A day care center cannot refuse to admit a
child because his or her brother is infected with HIV, even
though the child seeking admission does not have a
disability.

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disabilities, if the .
ILLUSTRATION 1: The owner of a building may not refuse to
lease space to a medical facility because the facility
specializes in treatment of individuals with HIV disease.
ILLUSTRATION 2: If a theater refuses to admit K, an
individual with cerebral palsy, as well as L (his brother)
because K has cerebral palsy, the theater would be illegally
discriminating against L on the basis of his association with

K.
111-3.6000 Retaliation or coercion. Individuals who exercise their rights
under the ADA, or assist others in exercising their rights, are protected
from retaliation. The prohibition against retaliation or coercion applies
broadly to any individual or entity that seeks to prevent an individual
from exercising his or her rights or to retaliate against him or her for
having exercised those rights.
ILLUSTRATION: A restaurant may not refuse to serve a
customer because he or she filed an ADA complaint against
the restaurant or against another public accommodation.

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Protection is extended to those who assist others in exercising their
rights.

ILLUSTRATION: A dry cleaner may not refuse to serve an
individual because he encouraged another individual to file a
complaint, or because he testified for that individual in a
proceeding to enforce the ADA.
Any form of retaliation or coercion, including threats, intimidation, or
interference, is prohibited if it is intended to interfere with the exercise of
rights under the ADA.
ILLUSTRATION: It would be a violation for a restaurant
customer to harass or intimidate an individual with a
disability in an effort to prevent that individual from
patronizing the restaurant.

111-3.7000 Maintenance of accessible features. Public
accommodations must maintain in working order equipment and
features of facilities that are required to provide ready access to
individuals with disabilities. Isolated or temporary interruptions in access
due to maintenance and repair of accessible features are not prohibited.
Where a public accommodation must provide an accessible LC the
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ILLUSTRATION
Placing a vending machine on the
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accessible route to an accessible restroom in a bowling alley
would be a violation if it obstructed the accessible route.
ILLUSTRATION 2: Placing ornamental plants in an elevator
lobby may be a violation if they block the approach to the
elevator call buttons or obstruct access to the elevator cars.
ILLUSTRATION 3: Using an accessible route for storage of
supplies would also be a violation, if it made the route
inaccessible.
BUT: An isolated instance of placement of an object on an accessible
route would not be a violation, if the object is promptly removed.
Although it is recognized that mechanical failures in equipment such as
elevators or automatic doors will occur from time to time, the obligation
to ensure that facilities are readily accessible to and usable by
individuals with disabilities would be violated, if repairs are not made
promptly or if improper or inadequate maintenance causes repeated
and persistent failures. Inoperable or "out of service" equipment does
not meet the requirements for providing access to a place of public
accommodation.
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ILLUSTRATION 1: It would be a violation for a building
manager of a three-story building to tum off an elevator
during business hours in order to save energy.

ILLUSTRATION 2: Deactivating accessible automatic doors
because of inclement weather would not be permitted.

111-3.8000 Direct threat. A public accommodation may exclude an
individual with a disability from participation in an activity, if that
individual's participation would result in a direct threat to the health or
safety of others. The public accommodation must determine that there
is a significant risk to others that cannot be eliminated or reduced to an
acceptable level by reasonable modifications to the public
accommodation's policies, practices, or procedures or by the provision
of appropriate auxiliary aids or services. The determination that a
person poses a direct threat to the health or safety of others may not be
based on generalizations or stereotypes about the effects of a particular
disability; it must be based on an individual assessment that considers
the particular activity and the actual abilities and disabilities of the
individual.
The individual assessment must be based on reasonable judgment that
relies on current medical evidence, or on the best available objective
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or procedures will mitigate or eliminate the risk.

Such an inquiry is essential to protect individuals with disabilities from
discrimination based on prejudice, stereotypes, or unfounded fear, while
giving appropriate weight to legitimate concerns, such as the need to
avoid exposing others to significant health and safety risks. Making this
assessment will not usually require the services of a physician. Sources
for medical knowledge include public health authorities, such as the
U.S. Public Health Service, the Centers for Disease Control, and the
National Institutes of Health, including the National Institute of Mental
Health.
ILLUSTRATION: Refusal to admit an individual to a
restaurant because he or she is infected with HIV would be a
violation, because the HIV virus cannot be transmitted
through casual contact, such as that among restaurant
patrons.

111-3.9000 Illegal use of drugs. Discrimination based on an individual's
current illegal use of drugs is not prohibited (see 111-2.3000). Although
individuals currently using illegal drugs are not protected from
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discrimination, the ADA does prohibit denial of health services, or
services provided in connection with drug rehabilitation, to an individual
on the basis of current illegal use of drugs, if the individual is otherwise
entitled to such services.

ILLUSTRATION 1: A hospital emergency room may not
refuse to provide emergency services to an individual
because the individual is illegally using drugs.
ILLUSTRATION 2: A medical facility that specializes in care
of burn patients may not refuse to treat an individual's burns
on the grounds that the individual is illegally using drugs.
Because abstention from the use of drugs is an essential condition for
participation in some drug rehabilitation programs, and may be a
necessary requirement in inpatient or residential settings, a drug
rehabilitation or treatment program may deny participation to individuals
who use drugs while they are in the program.
ILLUSTRATION: A residential drug and alcohol treatment
program may expel an individual for using drugs in a
treatment center.

111-3.10000 Smoking. A public accommodation may prohibit LC
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may impose restrictions on smoking, in places iofn Va
public
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accommodation.
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of the insurance contracts they offer. Because of the nature of the
insurance business, however, consideration of disability in the sale of
insurance contracts does not always constitute "discrimination. " An
insurer or other public accommodation may underwrite, classify, or
administer risks that are based on or not inconsistent with State law,
provided that such practices are not used to evade the purposes of the
ADA.

Thus, a public accommodation may offer a plan that limits certain kinds
of coverage based on classification of risk, but may not refuse to insure,
or refuse to continue to insure, or limit the amount, extent, or kind of
coverage available to an individual, or charge a different rate for the
same coverage solely because of a physical or mental impairment,
except where the refusal, limitation, or rate differential is based on
sound actuarial principles or is related to actual or reasonably
anticipated experience. The ADA, therefore, does not prohibit use of
legitimate actuarial considerations to justify differential treatment of
individuals with disabilities in insurance.
ILLUSTRATION: A person who has cerebral palsy may not
be denied coverage based on disability independent of
actuarial risk classification.
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Can a group health insurance policy have a pre-existing condition
exclusion? Yes. An individual with a pre-existing condition may be
denied coverage for that condition for the period specified in the policy.
However, the individual cannot be denied coverage for illness or injuries
unrelated to the pre-existing condition.

Can an insurance policy limit coverage for certain procedures or
treatments? Yes, but it may not entirely deny coverage to a person with
a disability.
Does the ADA require insurance companies to provide a copy of the
actuarial data on which its actions are based at the request of the
applicant? The ADA does not require it. Under some State regulatory
schemes, however, insurers may have to file such actuarial information
with the State regulatory agency, and this information may be obtainable
at the State level.
Does the ADA apply only to life and health insurance? No. Although life
and health insurance are the areas where the ADA will have its greatest
application, the ADA applies equally to unjustified discrimination in all
types of insurance, including property and casualty insurance, provided
by public accommodations.

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ILLUSTRATION: Differential treatment of individuals with
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violations, may be considered.
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May a public accommodation refuse to serve an individual with a
disability because of limitations on coverage or rates in its insurance
policies? No. A public accommodation may not rely on such limitations
to justify exclusion of individuals with disabilities. Any exclusion must be
based on legitimate safety concerns (see 111-4.1200), rather than on the
terms of the insurance contract.
ILLUSTRATION: An amusement park requires individuals to
meet a minimum height requirement that excludes some
individuals with disabilities for certain rides because of a
limitation in its liability insurance coverage. The limitation in
insurance coverage is not a permissible basis for the
exclusion.
BUT: The minimum height requirement would be a permissible safety
criterion, if it is necessary for the safe operation of the ride.
111-3.12000 Places of public accommodation located in private
residences.

When a place of public accommodation is located in a home, the
portions of the home used as a place of public accommodation are
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covered by title Ill, even if those portions are also used for residential
purposes.

Coverage extends not only to those portions but also includes an
accessible route from the sidewalk, through the doorway, through the
hallway and other portions of the home, such as restrooms, used by
clients and customers of the public accommodation.
ILLUSTRATION: J, a family day care provider, is having a
new home built. J intends to use two of the rooms as a
family day care center. In addition, the children will be using
the master bathroom. Even though the two rooms and
bathroom will be used for residential purposes when the
children are not present, all three rooms are covered by the
title Ill new construction requirements, because the rooms
are not being used exclusively as a residence. Moreover, J
must assure that there is an accessible route to the day care
rooms and bathroom.

111-4.0000 SPECIFIC REQUIREMENTS
Regulatory references: 28 CFR 36.301-36.310.

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without disabilities, unless
No.
111-4.1000 Eligibility criteria

necessary for the provision of the goods, services, privileges,
advantages, or accommodations.

ILLUSTRATION 1: A restaurant has an unofficial policy of
seating individuals with visible disabilities in the least
desirable parts of the restaurant. This policy violates the
ADA because it establishes an eligibility criterion that
discriminates against individuals with certain disabilities and
that is not necessary for the operation of the restaurant. The
restaurant may not justify its policy on the basis of the
preferences of its other customers.
ILLUSTRATION 2: A parking garage refuses to allow vans to
park inside even though the garage has adequate roof
clearance and space for vans. Although the garage operator
does not intend to discriminate against individuals with
disabilities, the garage's policy unnecessarily tends to
screen out people with certain mobility impairments who, in
order to have enough space for mobility aids such as
wheelchairs, use vans rather than cars.

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ILLUSTRATION 3: A cruise ship subject to the ADA
discovers that an individual who uses a wheelchair has
made a reservation for a cruise and plans to travel
independently. The cruise line notifies the individual that she
must bring a "traveling companion" or her reservation will be
cancelled. Requiring a traveling companion as an eligibility
criterion violates the ADA, unless the cruise line
demonstrates that its policy is necessary for some
compelling reason.

ILLUSTRATION 4: A committee reviews applications from
physicians seeking "admitting privileges" at a privately
owned hospital. The hospital requires all applicants, no
matter their specialty, to meet certain physical and mental
health qualifications, because the hospital believes they will
promote the safe and efficient delivery of medical care. The
hospital must be able to show that the specific qualifications
imposed are necessary.

111-4.1200 Safety. A public accommodation may impose legitimate
safety requirements necessary for safe operation. However, the public
accommodation must ensure that its safety requirements are based on
real risks, not on speculation, stereotypes, or generalizations about
LLC
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ILLUSTRATION: A wilderness CH M
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111-4.1300 Unnecessary inquiries. The ADA prohibits unnecessary
inquiries into the existence of a disability.
ILLUSTRATION 1: A private summer camp requires parents
to fill out a questionnaire and to submit medical
documentation regarding their children's ability to participate
in various camp activities. The questionnaire is acceptable if
the summer camp can demonstrate that each piece of
information requested is needed to ensure safe participation
in camp activities. The camp, however, may not use this
information to screen out children with disabilities from
admittance to the camp.
ILLUSTRATION 2: A retail store requires applicants for a
store credit card to supply information regarding their
physical or mental health history. This policy violates the
ADA because such information is not relevant to a
determination of credit worthiness.

111-4.1400 Surcharges. Although compliance may result in some
additional cost, a public accommodation may not place a surcharge only
on particular individuals with disabilities or groups of individuals with
disabilities to cover these expenses.
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ILLUSTRATION: The ABC pharmacy is located on the
second floor of an older four-story building that does not
have an elevator. Because the pharmacy's owner has
determined that providing physical access to the pharmacy
for those unable to climb stairs would not be readily
achievable, she has chosen to provide home delivery as a
readily achievable alternative to barrier removal. The
pharmacy may not charge an individual who uses a
wheelchair for the cost of providing home delivery.

ILLUSTRATION 2: In order to ensure effective
communication with a deaf patient during an office visit, a
doctor arranges for the services of a sign language
interpreter. The cost of the interpreter's services must be
absorbed by the doctor.
ILLUSTRATION 3: A community civic association arranges
to provide interpreting services for a deaf individual wishing
to attend a business seminar sponsored by the organization
in rented space at a local motel. The interpreting service
requires the organization to provide payment in full prior to
the seminar. Due to a business emergency, the individual is
unable to attend. The organization may not charge the LC
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individual for the cost of the unused interpreting services.
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111-4.2000 Reasonable modificationsH M
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A public accommodation must reasonably modify its
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15
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accommodationo. demonstrate, however, that a modification would
fundamentally alter the nature of the goods, services, facilities,
privileges, advantages, or accommodations it provides, it is not required
to make the modification.
ILLUSTRATION 1: A private health clinic, in collaboration
with its local public safety officials, has developed an
evacuation plan to be used in the event of fire or other
emergency. The clinic occupies several floors of a multistory
building. During an emergency, elevators, which are the
normal means of exiting from the clinic, will be shut off. The
health clinic is obligated to modify its evacuation procedures,
if necessary, to provide alternative means for clients with
mobility impairments to be safely evacuated from the clinic
without using the elevator. The clinic should also modify its
plan to take into account the needs of its clients with visual,
hearing, and other disabilities.
ILLUSTRATION 2: Under its obligation to remove
architectural barriers where it is readily achievable to do so,
a local motel has greatly improved physical access in
several of its rooms. However, under its present reservation
system, the motel is unable to guarantee that, when a
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person requests an accessible room, one of the new rooms
will actually be available when he or she arrives. The ADA
requires the motel to make reasonable modifications in its
reservation system to ensure the availability of the
accessible room.

ILLUSTRATION 3: A retail store has a policy of not taking
special orders for out-of-stock merchandise unless the
customer appears personally to sign the order. The store
would be required to reasonably modify its procedures to
allow the taking of special orders by phone from persons
with disabilities who cannot visit the store. If the store's
concern is obtaining a guarantee of payment that a signed
order would provide, the store could, for example, take
orders by mail or take credit card orders by telephone from
persons with disabilities.

111-4.2200 Specialties. It is not considered discriminatory for a public
accommodation with a specialty in a particular area to refer an
individual with a disability to a different public accommodation if -1) The individual is seeking a service or treatment outside
the referring public accommodation's area of expertise; and

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2) The public accommodation would make n similar17
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ILLUSTRATION: An individual who is blind
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initially visits a6
cited o. 15-55 doctor who specializes in family
medicine. The doctor discovers that the individual
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has a potentially cancerous growth. The family
practice physician may refer the blind individual
to a cancer specialist, if he or she has no
expertise in that area, and if he or she would
make a similar referral for an individual who is
not blind. The cancer specialist who receives the
referral may not refuse to treat the individual for
cancer-related problems simply because the
individual is blind.

111-4.2300 Service animals. A public accommodation must modify its
policies to permit the use of a service animal by an individual with a
disability, unless doing so would result in a fundamental alteration or
jeopardize the safe operation of the public accommodation.
Service animals include any animal individually trained to do work or
perform tasks for the benefit of an individual with a disability. Tasks
typically performed by service animals include guiding people with
impaired vision, alerting individuals with impaired hearing to the
presence of intruders or sounds, providing minimal protection or rescue
work, pulling a wheelchair, or retrieving dropped items.

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The care or supervision of a service animal is the responsibility of his or
her owner, not the public accommodation. A public accommodation may
not require an individual with a disability to post a deposit as a condition
to permitting a service animal to accompany its owner in a place of
public accommodation, even if such deposits are required for pets.

ILLUSTRATION: An individual who is blind wishes to be
accompanied in a restaurant by her guide dog. The
restaurant must permit the guide dog to accompany its
owner in all areas of the restaurant open to other patrons
and may not insist that the dog be separated from her.
A number of States have programs to certify service animals. A private
entity, however, may not insist on proof of State certification before
permitting the entry of a service animal to a place of public
accommodation.
111-4.2400 Check-out aisles. If a store has check-out aisles, customers
with disabilities must be provided an equivalent level of convenience in
access to check-out facilities as customers without disabilities. To
accomplish this, the store must either keep an adequate number of
accessible aisles open or otherwise modify its policies and practices.

C

ILLUSTRATION: PQR Foodmart has twenty narrow, LL
alley
n accessible
inaccessible check-out aisles and one wider, V
017
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to customers purchasingi fewer than on J
sk v ived ten items. K, who uses
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K wishes 33 arc
inmust permit K to make his large purchase at the
6
Foodmart
cited o. 15-55
express N
lane.
111-4.2500 Accessible or special goods. As a general rule, a public
accommodation is not required to alter its inventory to carry accessible
or special products that are designed for or easier to use by customers
with disabilities. Examples of accessible goods include Brailled books,
books on audio tape, closed-captioned video tapes, specially sized or
designed clothing, and foods that meet special dietary needs.
ILLUSTRATION: A local book store has customarily carried
only regular print versions of books. The ADA does not
require the bookstore to expand its inventory to include large
print books or books on audio tape.
On the other hand, a public accommodation may be required to special
order accessible goods at the request of a customer with a disability if -1) It makes special orders for unstacked goods in its regular
course of business, and
2) The accessible or special goods requested can be
obtained from one of its regular suppliers.

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ILLUSTRATION: A customer of a local bookstore
begins to experience some vision loss and has
difficulty reading regular print. Upon request by
the customer, the bookstore is required to try to
obtain large print books, if it normally fills special
orders (of any kind) for its other customers, and if
large print books can be obtained from its regular
suppliers.

The ADA does not require that manufacturers provide warranties or
operating manuals that are packed with the product in accessible
formats.

111-4.2600 Personal services and devices. A public accommodation is
not required to provide individuals with disabilities with personal or
individually prescribed devices, such as wheelchairs, prescription
eyeglasses, or hearing aids, or to provide services of a personal nature,
such as assistance in eating, toileting, or dressing.
Although discussed here as a limit on the duty to make reasonable
modifications, this provision applies to all aspects of the title Ill rule and
limits the obligations of public accommodations in areas such as the
provision of auxiliary aids and services, alternatives to barrier removal,
LLC
and examinations and courses.
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isnature" ,is2not 7 be
However, the phrase "services of a personal
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o provided to individuals with
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removal, such
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or home delivery, or actions required as modifications in policies,

practices, and procedures, such as a waiter's removing the cover from a
customer's straw, a kitchen's cutting up food into smaller pieces, or a
bank's filling out a deposit slip, would not be considered "services of a
personal nature. "Also, if a public accommodation such as a hospital or
nursing home customarily provides its clients with what might otherwise
be considered services of a personal nature, it must provide the same
services for individuals with disabilities.
ILLUSTRATION: An exclusive women's clothing shop
provides individualized assistance to its customers in
selecting and trying on garments. Although "dressing" might
otherwise be considered a personal service, in this case the
store must extend the same service to its customers with
disabilities. However, a "no frills" merchandiser would not be
required to provide assistance in trying on garments,
because it does not provide such a service to any of its
customers.

111-4.3000 Auxiliary aids
111-4.3100 General. A public accommodation is required to provide
auxiliary aids and services that are necessary to ensure equal access to
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the goods, services, facilities, privileges, or accommodations that it
offers, unless an undue burden or a fundamental alteration would result.

Who is entitled to auxiliary aids? This obligation extends only to
individuals with disabilities who have physical or mental impairments,
such as vision, hearing, or speech impairments, that substantially limit
the ability to communicate. Measures taken to accommodate individuals
with other types of disabilities are covered by other title Ill requirements
such as "reasonable modifications" and "alternatives to barrier removal.

"
ILLUSTRATION: W, an individual who is blind, needs
assistance in locating and removing an item from a grocery
store shelf. A store employee who locates the desired item
for W would be providing an "auxiliary aid or service. "
BUT: If G, who uses a wheelchair, receives the same retrieval service,
not because of a disability related to communication, but rather because
of his inability to physically reach the desired item, the store would be
making a required "reasonable modification" in its practices, as
discussed in 111-4.2000 of this manual.
111-4.3200 Effective communication. In order to provide equal access, a
LC
public accommodation is required to make available appropriate
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auxiliary aids and services where necessary toion V
ss ensure 7
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633
cited o. 15-55
ILLUSTRATION 1: H, an individual who is deaf, is shopping
N

for film at a camera store. Exchanging written notes with the
sales clerk would be adequate to ensure effective
communication.
ILLUSTRATION 2: H then stops by a new car showroom to
look at the latest models. The car dealer would be able to
communicate effectively general information about the
models available by providing brochures and exchanging
notes by pen and notepad, or perhaps by means of taking
turns at a computer terminal keyboard. If H becomes serious
about making a purchase, the services of a qualified
interpreter may be necessary because of the complicated
nature of the communication involved in buying a car.
ILLUSTRATION 3: S, an individual who is blind, visits an
electronics store to purchase a clock radio and wishes to
inspect the merchandise information cards next to the floor
models in order to decide which one to buy. Reading the
model information to S should be adequate to ensure
effective communication. Of course, if S is unreasonably
demanding or is shopping when the store is extremely busy,

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it may be an undue burden to spend extended periods of
time reading price and product information.

ILLUSTRATION 4: S also has tickets to a play. When S
arrives at the theater, the usher notices that S is an
individual who is blind and guides S to her seat. An usher is
also available to guide S to her seat following intermission.
With the provision of these services, a Brailled ticket is not
necessary for effective communication in seating S.
ILLUSTRATION 5: The same theater provides S with a taperecorded version of its printed program for the evening's
performance. A Brailled program is not necessary to
effectively communicate the contents of the program to S, if
an audio cassette and tape player are provided.
Who decides what type of auxiliary aid should be provided? Public
accommodations should consult with individuals with disabilities
wherever possible to determine what type of auxiliary aid is needed to
ensure effective communication. In many cases, more than one type of
auxiliary aid or service may make effective communication possible.
While consultation is strongly encouraged, the ultimate decision as to
what measures to take to ensure effective communication rests in the
LLC
hands of the public accommodation, provided that the lmethod chosen
a ley
nV
results in effective communication.
017
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. D is deaf July
vwhoC d on brings his own sign
ILLUSTRATION: A patient
ski
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language interpreter for a chi
Kar 633
in
consultation and-55 the physician for the cost of the
cited o. 15 bills
N
interpreter. The physician is not obligated to comply with the

unilateral determination by the patient that an interpreter is
necessary. The physician must be given an opportunity to
consult with the patient and make an independent
assessment of what type of auxiliary aid, if any, is necessary
to ensure effective communication. If the patient believes
that the physician's decision will not lead to effective
communication, then the patient may challenge that decision
under title Ill by initiating litigation or filing a complaint with
the Department of Justice (see 111-8.0000).
Who is a qualified interpreter? There are a number of sign language
systems in use by persons who use sign language. (The most common
systems of sign language are American Sign Language and signed
English.) Individuals who use a particular system may not communicate
effectively through an interpreter who uses another system. When an
interpreter is required, the public accommodation should provide a
qualified interpreter, that is, an interpreter who is able to sign to the
individual who is deaf what is being said by the hearing person and who
can voice to the hearing person what is being signed by the individual
who is deaf. This communication must be conveyed effectively,
accurately, and impartially, through the use of any necessary
specialized vocabulary.
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Can a public accommodation use a staff member who signs "pretty well"
as an interpreter for meetings with individuals who use sign language to
communicate? Signing and interpreting are not the same thing. Being
able to sign does not mean that a person can process spoken
communication into the proper signs, nor does it mean that he or she
possesses the proper skills to observe someone signing and change
their signed or fingerspelled communication into spoken words. The
interpreter must be able to interpret both receptively and expressively.

If a sign language interpreter is required for effective communication,
must only a certified interpreter be provided? No. The key question in
determining whether effective communication will result is whether the
interpreter is "qualified," not whether he or she has been actually
certified by an official licensing body. A qualified interpreter is one "who
is able to interpret effectively, accurately and impartially, both receptively
and expressively, using any necessary specialized vocabulary. " An
individual does not have to be certified in order to meet this standard. A
certified interpreter may not meet this standard in all situations, e.g. ,
where the interpreter is not familiar with the specialized vocabulary
involved in the communication at issue.
111-4.3300 Examples of auxiliary aids and services. Auxiliary aids and
services include a wide range of services and devices that promote
LLC
effective communication. Examples of auxiliary aids and y
alleservices for
V
individuals who are deaf or hard of hearing iinclude qualified
ssion , 2017
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interpreters, notetakers, computer-aided transcription services, written
v. DC d on Jul
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kamplifiers, assistive listening systems,
materials, telephone handset
ews rch ve
arcz 3hearing iaids, closed caption decoders, open
K
telephones compatible with 3 a
6
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cit captioning, 55
and closede
1
No.
(TD D's), videotext displays, and exchange of written notes.
Examples for individuals with vision impairments include
qualified readers, taped texts, audio recordings, Brailled
materials, large print materials, and assistance in locating
items.
Examples for individuals with speech impairments include
TDD's, computer terminals, speech synthesizers, and
communication boards.
111-4.3400 Telecommunication devices for the deaf (TDD's). In order
to ensure effective communication by telephone, a public
accommodation is required to provide TDD's in certain circumstances.
Because TDD relay systems required by title IV of the ADA (which must
be operational by July 26, 1993) will eliminate many telephone system
barriers to TDD users, the auxiliary aids requirements relating to TDD's
are limited in nature.
111-4.3410 Calls incident to business operations. A public
accommodation is not required to have a TDD available for receiving or
making telephone calls that are part of its business operations. Even
during the interim period between the effective date of title Ill and the
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date the TDD relay service becomes available, there is no requirement
that public accommodations have TDD's. Of course, the ADA does not
prevent a public accommodation from obtaining a TDD if, for business
or other reasons, it chooses to do so.

111-4.3420 Outgoing calls by customers, clients, patients, or
participants. On the other hand, TDD's must be provided when
customers, clients, patients, or participants are permitted to make
outgoing calls on "more than an incidental convenience basis. " For
example, TDD's must be made available on request to hospital patients
or hotel guests where in-room phone service is provided. A hospital or
hotel front desk should also be equipped with a TDD so that patients or
guests using TDD's in their rooms have the same access to in-house
services as other patients or guests.

111-4.3500 Closed caption decoders. Hospitals that provide televisions
for use by patients, and hotels, motels, and other places of lodging that
provide televisions in five or more guest rooms, must provide closed
caption decoder service upon request.

111-4.3600 Limitations and alternatives. A public accommodation is not
required to provide any auxiliary aid or service that would fundamentally
alter the nature of the goods or services offered or that would result in
LLC
an undue burden.
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However, the fact that providing a particular auxiliary 2
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necessarily relieve arpublic
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633
effectiveccommunication.
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auxiliary aid or service that would not result in an undue
burden or fundamental alteration but that would ensure effective
communication to the maximum extent possible, if one is available.
ILLUSTRATION: It may be an undue burden for a small
private historic house museum on a shoestring budget to
provide a sign language interpreter for a deaf individual
wishing to participate in a tour. Providing a written script of
the tour, however, would be an alternative that would be
unlikely to result in an undue burden.
What is a fundamental alteration? A fundamental alteration is a
modification that is so significant that it alters the essential nature of the
goods, services, facilities, privileges, advantages, or accommodations
offered.
What is an undue burden? "Undue burden" is defined as "significant
difficulty or expense. " Among the factors to be considered in
determining whether an action would result in an undue burden are the
following 1) The nature and cost of the action;

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2) The overall financial resources of the site or sites
involved; the number of persons employed at the site; the
effect on expenses and resources; legitimate safety
requirements necessary for safe operation, including crime
prevention measures; or any other impact of the action on
the operation of the site;

3) The geographic separateness, and the administrative or
fiscal relationship of the site or sites in question to any
parent corporation or entity;
4) If applicable, the overall financial resources of any parent
corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its
employees; the number, type, and location of its facilities;
and
5) If applicable, the type of operation or operations of any
parent corporation or entity, including the composition,
structure, and functions of the workforce of the parent
corporation or entity.
Does a public accommodation have to do more or less under the
C
"undue burden" standard than under other ADA limitations LL as
such
alleyof undue
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"undue hardship" and "readily achievable"? The definition 7
01
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burden is identical to the definition of undue hardship 2
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e required -55results in "significant difficulty or expense. "
it
15
No.
The undue burden standard, however, requires a greater level of effort
by a public accommodation in providing auxiliary aids and services than
does the "readily achievable" standard for removing barriers in existing
facilities (see 111-4.4200). Although "readily achievable" is therefore a
"lesser" standard, the factors to be considered in determining what is
readily achievable are identical to those listed above for determining
undue burden.

111-4.4000 Removal of barriers
111-4.4100 General. Public accommodations must remove architectural
barriers and communication barriers that are structural in nature in
existing facilities, when it is readily achievable to do so.
What is an architectural barrier? Architectural barriers are physical
elements of a facility that impede access by people with disabilities.
These barriers include more than obvious impediments such as steps
and curbs that prevent access by people who use wheelchairs.
In many facilities, telephones, drinking fountains, mirrors, and paper
towel dispensers are mounted at a height that makes them inaccessible
to people using wheelchairs. Conventional doorknobs and operating
controls may impede access by people who have limited manual
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dexterity. Deep pile carpeting on floors and unpaved exterior ground
surfaces often are a barrier to access by people who use wheelchairs
and people who use other mobility aids, such as crutches. Impediments
caused by the location of temporary or movable structures, such as
furniture, equipment, and display racks, are also considered
architectural barriers.

What is a communication barrier that is structural in nature?
Communication barriers that are "structural in nature" are barriers that
are an integral part of the physical structure of a facility. Examples
include conventional signage, which generally is inaccessible to people
who have vision impairments, and audible alarm systems, which are
inaccessible to people with hearing impairments. Structural
communication barriers also include the use of physical partitions that
hamper the passage of sound waves between employees and
customers, and the absence of adequate sound buffers in noisy areas
that would reduce the extraneous noise that interferes with
communication with people who have limited hearing.
How does the communication barrier removal requirement relate to the
obligation to provide auxiliary aids? Communications devices, such as
TDD's, telephone handset amplifiers, assistive listening devices, and
digital check-out displays, are not an integral part of the physical
LLC
structure of the building and, therefore, are consideredllauxiliary aids
a ey
V
under the Department's title Ill regulation. The ion
provide
iss failure, to017 auxiliary
M
His structural in2nature. The
y5
aids is not a communication barrier that
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K provide33 arc aids and services.
of any obligation to ar
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What is a "facility"? The term "facility" includes all or any part of a

building, structure, equipment, vehicle, site (including roads, walks,
passageways, and parking lots), or other real or personal property. Both
permanent and temporary facilities are subject to the barrier removal
requirements.

111-4.4200 Readily achievable barrier removal. Public
accommodations are required to remove barriers only when it is "readily
achievable" to do so. "Readily achievable" means easily accomplishable
and able to be carried out without much difficulty or expense.
How does the "readily achievable" standard relate to other standards in
the ADA? The ADA establishes different standards for existing facilities
and new construction. In existing facilities, where retrofitting may be
expensive, the requirement to provide access is less stringent than it is
in new construction and alterations, where accessibility can be
incorporated in the initial stages of design and construction without a
significant increase in cost.
This standard also requires a lesser degree of effort on the part of a
public accommodation than the "undue burden" limitation on the
auxiliary aids requirements of the ADA. In that sense, it can be
characterized as a lower standard. The readily achievable standard is
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also less demanding than the "undue hardship" standard in title I, which
limits the obligation to make reasonable accommodation in
employment.

How does a public accommodation determine when barrier removal is
readily achievable? Determining if barrier removal is readily achievable
is necessarily a case-by-case judgment. Factors to consider include:
1) The nature and cost of the action;
2) The overall financial resources of the site or sites
involved; the number of persons employed at the site; the
effect on expenses and resources; legitimate safety
requirements necessary for safe operation, including crime
prevention measures; or any other impact of the action on
the operation of the site;
3) The geographic separateness, and the administrative or
fiscal relationship of the site or sites in question to any
parent corporation or entity;
4) If applicable, the overall financial resources of any parent
corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its LLC
lley
employees; the number, type, and location n Va facilities;
of its
issio 5, 2017
and
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5) If applicable,rczetype rchive
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parentd in
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structure, and 5
N
corporation or entity.

If the public accommodation is a facility that is owned or operated by a
parent entity that conducts operations at many different sites, the public
accommodation must consider the resources of both the local facility
and the parent entity to determine if removal of a particular barrier is
"readily achievable. " The administrative and fiscal relationship between
the local facility and the parent entity must also be considered in
evaluating what resources are available for any particular act of barrier
removal.
What barriers will it be "readily achievable" to remove? There is no
definitive answer to this question because determinations as to which
barriers can be removed without much difficulty or expense must be
made on a case-by-case basis.
The Department's regulation contains a list of 21 examples of
modifications that may be readily achievable:
1) Installing ramps;
2) Making curb cuts in sidewalks and entrances;
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3) Repositioning shelves;

4) Rearranging tables, chairs, vending machines, display
racks, and other furniture;
5) Repositioning telephones;
6) Adding raised markings on elevator control buttons;
7) Installing flashing alarm lights;
8) Widening doors;
9) Installing offset hinges to widen doorways;
10) Eliminating a turnstile or providing an alternative
accessible path;
11) Installing accessible door hardware;
12) Installing grab bars in toilet stalls;
13) Rearranging toilet partitions to increase maneuvering
space;

LLC
alley
14) Insulating lavatory pipes under sinks iton V
o prevent burns;
7
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15) Installing a raised toilet .seat;
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16) Installing a
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cited o. 15-55
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17) Repositioning the paper towel dispenser in a bathroom;
18) Creating designated accessible parking spaces;

19) Installing an accessible paper cup dispenser at an
existing inaccessible water fountain;
20) Removing high pile, low density carpeting; or
21) Installing vehicle hand controls.
Businesses such as restaurants may need to rearrange tables and
department stores may need to adjust their layout of racks and shelves
in order to permit wheelchair access, but they are not required to do so
if it would result in a significant loss of selling or serving space.
The list is intended to be illustrative. Each of these modifications will be
readily achievable in many instances, but not in all. Whether or not any
of these measures is readily achievable is to be determined on a caseby-case basis in light of the particular circumstances presented and the
factors discussed above.

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Are public accommodations required to retrofit existing buildings by
adding elevators? A public accommodation generally would not be
required to remove a barrier to physical access posed by a flight of
steps, if removal would require extensive ramping or an elevator. The
readily achievable standard does not require barrier removal that
requires extensive restructuring or burdensome expense. Thus, where it
is not readily achievable to do, the ADA would not require a public
accommodation to provide access to an area reachable only by a flight
of stairs.

Does a public accommodation have an obligation to search for
accessible space? A public accommodation is not required to lease
space that is accessible. However, upon leasing, the barrier removal
requirements for existing facilities apply. In addition, any alterations to
the space must meet the accessibility requirements for alterations.
Does the ADA require barrier removal in historic buildings? Yes, if it is
readily achievable. However, the ADA takes into account the national
interest in preserving significant historic structures. Barrier removal
would not be considered "readily achievable" if it would threaten or
destroy the historic significance of a building or facility that is eligible for
listing in the National Register of Historic Places under the National
Historic Preservation Act (16 U.S.C. 470, et seq.), or is designated as
LLC
historic under State or local law.
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nV
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HM
ILLUSTRATION 1: The installation of a platform lift in an
y
v. DCbecause ul its unique place
on J of
ki
historic facility that is preservedved
i
zews or because it is one of few
in AmericanKarc
architecture, arch
3
in
63
surviving examples of the architecture of a particular period,
cited o. 15-55
N
would not be readily achievable, if the installation of the lift

would threaten or destroy architecturally significant elements
of the building.
ILLUSTRATION 2: The installation of a ramp or lift in a
facility that has historic significance because of events that
have occurred there, rather than because of unique
architectural characteristics, may be readily achievable, if it
does not threaten or destroy the historic significance of the
building and is within appropriate cost constraints.
Does the ADA permit a public accommodation to consider the effect of a
modification on the operation of its business? Yes. The ADA permits
consideration of factors other than the initial cost of the physical
removal of a barrier.
ILLUSTRATION 1: CDE convenience store determines that it
would be inexpensive to remove shelves to provide access
to wheelchair users throughout the store. However, this
change would result in a significant loss of selling space that
would have an adverse effect on its business. In this case,
the removal of the shelves is not readily achievable and,
thus, is not required by the ADA.
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ILLUSTRATION 2: BCD Hardware Store provides three
parking spaces for its customers. BCD determines that it
would be inexpensive to restripe the parking lot to create an
accessible space and reserve it for use by persons with
disabilities. However, this change would reduce the available
parking for individuals who do not have disabilities. The loss
of parking (not just the cost of the paint for restriping) can be
considered in determining whether the action is readily
achievable.

111-4.4300 Standards to apply. Measures taken to remove barriers
should comply with the ADA Accessibility Guidelines (ADMG)
contained in the appendix to the Department's rule. Barrier removal in
existing facilities does not, however, trigger the accessible path of travel
requirement (see 111-6.2000). Deviations from ADMG are acceptable
only when full compliance with those requirements is not readily
achievable. In such cases, barrier removal measures may be taken that
do not fully comply with the standards, so long as the measures do not
pose a significant risk to the health or safety of individuals with
disabilities or others.
ILLUSTRATION: As a first step toward removing
architectural barriers, the owner of a small shop decidesC
L to
ey L
widen the shop's 26-inch wide front door. However, because
Vall
of space constraints, he is unable to widen n door to the
sio the 2017
Mis
,
full 32-inch clearance required CHalterations 5
D for n July under ADMG.
v.
sk
do
Because full compliance iwith ADMG is not readily
czewownerchive not widen the door the full
achievable, Kar shop 33 ar need
the
d in rather, may widen the door to only 30 inches.
56
32cite
inches but, 5-5
1
No.
The 30-inch door clearance does not pose a significant risk
to health or safety.
Are portable ramps permitted? Yes, but only when the installation of a
permanent ramp is not readily achievable. In order to promote safety, a
portable ramp should have railings and a firm, stable, nonslip surface. It
should also be properly secured.

111-4.4400 Continuing obligation. The obligation to engage in readily
achievable barrier removal is a continuing one. Over time, barrier
removal that initially was not readily achievable may later be required
because of changed circumstances.
If the obligation is continuing, are there any limits on what must be
done? The obligation is continuing, but not unlimited. The obligation to
remove barriers will never exceed the level of access required under the
alterations standard (or the new construction standard if ADMG does
not provide specific standards for alterations).
ILLUSTRATION 1: A 100-room hotel is removing barriers in
guest accommodations. If the hotel were newly constructed,
it would be required to provide five fully accessible rooms
(including one with a roll-in shower) and four rooms that are
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equipped with visual alarms and notification devices and
telephones equipped with amplification devices. A hotel that
is being altered is required to provide a number of
accessible rooms in the area being altered that is
proportionate to the number it would be required to provide
in new construction.

A hotel that is engaged in barrier removal should meet this alterations
standard, if it is readily achievable to do so. It is not required to exceed
this level of access. Even if it is readily achievable to make more rooms
accessible than would be required under the ADAAG alterations
standards, once the hotel provides this level of access, it has no
obligation to remove barriers in additional guest rooms.
ILLUSTRATION 2: A grocery store that has more than 5000
square feet of selling space and now has six inaccessible
check-out aisles is assessing its obligations under the barrier
removal requirement. ADAAG does not contain specific
provisions applicable to the alteration of check-out aisles,
but, in new construction, two of the six check-out aisles
would be required to be accessible. The store is never
required to provide more than two accessible check-out
aisles, even if it would be readily achievable to do so. LC

ey L
Vallplaces of
ILLUSTRATION 3: An office building thation
iss houses 017
H barriersly 5, 2
public accommodation is removing M
u in common
DC
ki v. ved on J
areas. If the buildingws
were newly constructed, the building
i
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would be n Karc to contain h
required
3 arc areas of rescue assistance.
i
63
However, the15-55 alterations standard explicitly specifies
cited o. ADAAG
N
that areas of rescue assistance are not required in buildings
that are being altered. Because barrier removal is not
required to exceed the alterations standard, the building
owner need not establish areas of rescue assistance.

111-4.4500 Priorities for barrier removal. The Department's regulation
recommends priorities for removing barriers in existing facilities.
Because the resources available for barrier removal may not be
adequate to remove all existing barriers at any given time, the
regulation suggests a way to determine which barriers should be
mitigated or eliminated first. The purpose of these priorities is to
facilitate long-term business planning and to maximize the degree of
effective access that will result from any given level of expenditure.
These priorities are not mandatory. Public accommodations are free to
exercise discretion in determining the most effective "mix" of barrier
removal measures to undertake in their facilities.
The regulation suggests that a public accommodation's first priority
should be to enable individuals with disabilities to physically enter its
facility. This priority on "getting through the door" recognizes that
providing physical access to a facility from public sidewalks, public
transportation, or parking is generally preferable to any alternative
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arrangements in terms of both business efficiency and the dignity of
individuals with disabilities.

The next priority is for measures that provide access to those areas of a
place of public accommodation where goods and services are made
available to the public. For example, in a hardware store, to the extent
that it is readily achievable to do so, individuals with disabilities should
be given access not only to assistance at the front desk, but also
access, like that available to other customers, to the retail display areas
of the store.
The third priority should be providing access to restrooms, if restrooms
are provided for use by customers or clients.
The fourth priority is to remove any remaining barriers to using the
public accommodation's facility by, for example, lowering telephones.
Must barriers be removed in areas used only by employees? No. The
"readily achievable" obligation to remove barriers in existing facilities
does not extend to areas of a facility that are used exclusively by
employees as work areas.
How can a public accommodation decide what needs to be done? One
effective approach is to conduct a "self-evaluation" of they LLC to
facility
Valle 7
identify existing barriers. The Department's regulation does not require
ion
Miss y 5 201
public accommodations to conduct a self-evaluation., However, public
CH
Jul
accommodations are urged skiestablish procedures for an ongoing
to v. D
d on
e
zew
assessment of their compliance rchiv ADA's barrier removal
Karc 633 awith the
requirements. in process should include consultation with individuals
cited This15-55
with disabilities o. organizations representing them. A serious effort at
Nor
self-assessment and consultation can diminish the threat of litigation
and save resources by identifying the most efficient means of providing
required access.
If a public accommodation determines that its facilities have barriers
that should be removed, but it is not readily achievable to undertake all
of the modifications now, what should it do? The Department
recommends that a public accommodation develop an implementation
plan designed to achieve compliance with the ADA's barrier removal
requirements. Such a plan, if appropriately designed and diligently
executed, could serve as evidence of a good faith effort to comply with
the ADA's barrier removal requirements.
In developing an implementation plan for readily achievable barrier
removal, a public accommodation should consult with local
organizations representing persons with disabilities to solicit their
suggestions for cost-effective means of making individual places of
public accommodation accessible. These organizations may provide
useful guidance to public accommodations in identifying the most
significant barriers to remove, and the most efficient means of removing
them.

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If readily achievable modifications are being made in a single facility
that has more than one restroom for each sex, should the public
accommodation focus its resources on making one restroom for each
sex fully accessible or should the public accommodation make some
changes (e.g. , lowering towel dispensers or installing grab bars) in
each restroom? This is a decision best made on a case-by-case basis
after considering the specific barriers that need to be removed in that
facility, and whether it is readily achievable to remove these barriers. It
is likely that if it is readily achievable to make one restroom fully
accessible, that option would be preferred by the clients or customers of
the facility.

111-4.4600 Seating in assembly areas. Public accommodations are
required to remove barriers to physical access in assembly areas such
as theaters, lecture halls, and conference rooms with fixed seating.
If it is readily achievable to do so, public accommodations that operate
places of assembly must locate seating for individuals who use
wheelchairs so that it -1) Is dispersed throughout the seating area;
2) Provides lines of sight and choices of admission prices
C
comparable to those offered to the general public;ey LL
ll

Va
sion egress; and
17
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3) Adjoins an accessible route for emergency5, 20
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4) Permits people who userchive
arcz 33 a
or family.
friendsd in K
6
cite o. 15-55
N

If it is not readily achievable for auditoriums or theaters to remove seats
to allow individuals who use wheelchairs to sit next to accompanying
family members or friends, the public accommodation may meet its
obligation by providing portable chairs or other means to allow the
accompanying individuals to sit with the persons who use wheelchairs.
Portable chairs or other means must be provided only when it is readily
achievable to do so.
How many seating locations for persons who use wheelchairs must be
provided? Under the general principles applicable to barrier removal in
existing facilities, a public accommodation is never required to provide
greater access than it would be required to provide under the alterations
provisions of the ADAAG.
Must the seating locations be dispersed? The ADA accessibility
standard for alterations requires wheelchair seating to be dispersed (i.e.
, provided in more than one location) only in assembly areas with fixed
seating for more than 300 people. Because the requirements for making
existing facilities accessible never exceed the ADAAG standard for
alterations, public accommodations engaged in barrier removal are not
required to disperse wheelchair seating in assembly areas with 300 or
fewer seats, or in any case where it is technically infeasible.
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Must a public accommodation permit a person who uses a wheelchair
to leave his or her wheelchair and view the performance or program
from a stationary seat? Yes. And in order to facilitate seating of
wheelchair users who wish to transfer to existing seating when fixed
seating is provided, a public accommodation must provide, to the extent
readily achievable, a reasonable number of seats with removable aisleside armrests. Many persons who use wheelchairs are able to transfer
to fixed seating with this relatively minor modification. This solution
avoids the potential safety hazard created by the use of portable chairs,
and it also fosters integration. In situations when a person who uses a
wheelchair transfers to existing seating, the public accommodation may
provide assistance in handling the wheelchair of the patron with the
disability.

May a public accommodation charge a wheelchair user a higher fee to
compensate for the extra space required to accommodate a wheelchair
or for storing or retrieving a wheelchair? No. People with disabilities
may not be subjected to additional charges related to their use of a
wheelchair. In fact, to the extent readily achievable, wheelchair seating
should provide a choice of admission prices and lines of sight
comparable to those for members of the general public.

111-4.4700 Transportation barriers. Public accommodationsLC
that

L

y
provide transportation to their clients or customers must remove barriers
Valle
nPublic 17
to the extent that it is readily achievable to dosio
is so. 5 0
H M service , 2 also comply
accommodations that provide transportation July must
v. DC
n
with the applicable portions skithe ADA d o
of
hiv regulation issued by the
czew (56cFed.eReg. 45,884 (September 6,
Kar
Department ofiTransportation ar
3
d n at 49 CFR
ecodified 5-5563 Part 37)).
it
1991) tocbe
.1
No

What kinds of transportation systems are covered by the Department of
Justice's title Ill rule? The Department of Justice's rule covers any fixed
route or demand responsive transportation system operated by a public
accommodation that is not primarily engaged in the business of
transporting people. Examples include airport shuttle services operated
by hotels, customer bus or van services operated by shopping centers,
transportation systems at colleges and universities, and transport
systems in places of recreation, such as those at stadiums, zoos, and
amusement parks. If a public accommodation is primarily engaged in
the business of transporting people, its activities are not covered under
the Department of Justice's title Ill regulation. Rather, its activities are
subject to the Department of Transportation's ADA regulation.
What requirements apply to the acquisition of new vehicles?
Requirements for the acquisition of new vehicles are found in the
Department of Transportation regulation and vary depending on both
the capacity of the vehicle and its intended use, as follows:
1) Fixed route system: Vehicle capacity over 16. Any vehicle
with a capacity over 16 that is purchased or leased for a
fixed route system must be "readily accessible to and usable
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by individuals with disabilities, including those who use
wheelchairs. "

2) Fixed route system: Vehicle capacity of 16 or less.
Vehicles of this description must meet the same "readily
accessible and usable" standard described in (1) above,
unless they are part of a system that already meets the
"equivalent service" standard.
3) Demand responsive system: Vehicle capacity over 16.
These vehicles must meet the "readily accessible and
usable" standard, unless they are part of a system that
already meets the "equivalent service" standard.
4) Demand responsive system: Vehicle capacity of 16 or
less. Vehicles of this description are not subject to any
requirements for purchase of accessible vehicles. However,
"equivalent service" must be provided.
What is "equivalent service"? A system is deemed to provide equivalent
service if, when the system is viewed in its entirety, the service provided
to individuals with disabilities, including those who use wheelchairs, is
provided in the most integrated setting appropriate to the needs of the
C
individual and is equivalent to the service provided other y LL
individuals.
alle
The Department of Transportation regulation sioneight service
lists V
is include2017
characteristics that must be equivalent. These ly 5,
HM
. D places Ju
vandC d onand times of service
schedules/response time, fares,
ski
czew archive
availability.
Kar

in
633
cited o. 15-55
Is it necessary to install a lift in an existing vehicle? No. The ADA states
N

that the installation of hydraulic lifts in existing vehicles is not required.

Are employee transportation systems covered? Transportation services
provided only to employees of a place of public accommodation are not
subject to the Department's title Ill regulation but are covered by the
regulation issued by the Equal Employment Opportunity Commission to
implement title I of the ADA. However, if employees and customers or
clients are served by the same transportation system, the provisions of
the title Ill regulation will also apply.

111-4.5000 Alternatives to barrier removal
111-4.5100 General. When a public accommodation can demonstrate
that the removal of barriers is not readily achievable, the public
accommodation must make its goods and services available through
alternative methods, if such methods are readily achievable.
ILLUSTRATION 1: A retail store determines that it is not
readily achievable to rearrange display racks to make every
aisle accessible. However, the store is still required to make
the goods and services that are located along inaccessible
aisles available to individuals with disabilities through
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alternative methods. For example, the store could instruct a
clerk to retrieve inaccessible merchandise, if it is readily
achievable to do so.

ILLUSTRATION 2: A pharmacy that is located in a building
that can be entered only by means of a long flight of stairs
determines that it is not readily achievable to provide a ramp
to that entrance; therefore, it is not required to provide
access to its facility. However, the pharmacy is still required
to provide access to its services, if any readily achievable
alternative method of delivery is available. Therefore, the
pharmacy must consider options, such as delivering goods
to customers at curbside or at their homes.
ILLUSTRATION 3: A self-service gas station determines that
it is not readily achievable to redesign gas pumps to enable
people with disabilities to use them; therefore, the gas
station is not required to make physical modifications to the
gas pumps. However, the gas station is required to provide
its services to individuals with disabilities through any readily
achievable alternative method, such as providing refueling
service upon request to an individual with a disability.

LC

L
ILLUSTRATION 4: A restaurant determines that lley not
a it is
Vto access in a
readily achievable to remove physicalission
barriers
2017
The restaurant must offer the
specific area of the restaurant. CH M
y 5,
Jul
.D
same menu in an accessible area d on restaurant, unless it
ski v ive of the
zew arch
would notn Karc
be readily achievable to do so.
33

i
6
cited o. 15-55
N
How can a public accommodation determine if an alternative to barrier
removal is readily achievable? The factors to consider in determining if
an alternative is readily achievable are the same as those that are
considered in determining if barrier removal is readily achievable (see

111-4.4200).
If a public accommodation provides its services through alternative
measures, such as home delivery, may it charge its customers for this
special service? No. When goods or services are provided to an
individual with a disability through alternative methods because the
public accommodation's facility is inaccessible, the public
accommodation may not place a surcharge on the individual with a
disability for the costs associated with the alternative method.
ILLUSTRATION 1: A gas station that chooses to provide
refueling service to individuals with disabilities at a selfservice island, rather than removing the barriers that
preclude that individual from refueling his or her own vehicle,
must provide the refueling service at the self-service price.
ILLUSTRATION 2: An inaccessible pharmacy that provides
home delivery to individuals with disabilities, rather than
removing the barriers that prevent those individuals from
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being served in the pharmacy, must provide the home
delivery at no charge to the customer. However, a pharmacy
that normally offers home delivery as an option to its
customers and charges a fee for that service, may continue
to charge a delivery fee to customers with disabilities, if the
pharmacy provides at least one "no-cost" alternative, such
as delivering its products to a customer at curbside.

May a public accommodation consider security issues when it is
determining if an alternative is readily achievable? Yes. Security is a
factor that may be considered when a public accommodation is
determining if an alternative method of delivering its goods or services
is readily achievable.
ILLUSTRATION 1: A service station is not required to
provide refueling service to individuals with disabilities at any
time when it is operating exclusively on a remote control
basis with a single cashier.
ILLUSTRATION 2: A cashier working in a security booth in a
convenience store when there are no other employees on
duty is not required to leave his or her post to retrieve items
for individuals with disabilities.

LLC
alley
nV
111-4.5200 Multiscreen cinemas. The Department's regulation
issio 5, 2017 remove
expressly recognizes that it may not CHreadily achievable to
be M
uly
v. D alld otheJtheaters in a multiscreen
enough barriers to provide access to e of n
ki
v
ews
cinema. In this situation, a cinema hi
arcz 33 arc must make its services available by
K
n rotation6
establishing d i
cite a film 15-55 schedule that provides reasonable access for
N use
individuals who o. wheelchairs to films being presented by the cinema.
Public notice must be provided as to the location and time of accessible
showings. Methods for providing notice include appropriate use of the
international accessibility symbol in a cinema's print advertising and the
addition of accessibility information to a cinema's recorded telephone
information line.

111-4.6000 Examinations and courses. Any private entity that offers
examinations or courses related to applications, licensing, certification,
or credentialing for secondary or postsecondary education,
professional, or trade purposes must offer such examinations or
courses in a place and manner accessible to persons with disabilities,
or offer alternative accessible arrangements for such individuals.

111-4.6100 Examinations. Examinations covered by this section include
examinations for admission to secondary schools, college entrance
examinations, examinations for admission to trade or professional
schools, and licensing examinations such as bar exams, examinations
for medical licenses, or examinations for certified public accountants.
A private entity offering an examination covered by this section is
responsible for selecting and administering the examination in a place
and manner that ensures that the examination accurately reflects an
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individual's aptitude or achievement level or other factor the
examination purports to measure, rather than reflecting the individual's
impaired sensory, manual, or speaking skills (except where those skills
are the factors that the examination purports to measure).

Where necessary, an examiner may be required to provide auxiliary
aids or services, unless it can demonstrate that offering a particular
auxiliary aid or service would fundamentally alter the examination or
result in an undue burden. For individuals with hearing impairments, for
example, oral instructions or other aurally delivered materials could be
provided through an interpreter, assistive listening device, or other
effective method. For individuals with visual impairments, providing
examinations and answer sheets on audio tape, in large print or Braille,
or providing qualified readers or transcribers to record answers, may be
appropriate. Also, some individuals with learning disabilities may need
auxiliary aids or services, such as readers, because of problems in
perceiving and processing written information. See 111-4.3000 for a
general discussion of auxiliary aids and services.
In order to ensure that the examination accurately measures the factors
that it purports to measure, the entity administering the examination
must ensure that the auxiliary aid or service provided is effective.

LC

ILLUSTRATION 1: MNO Testing Service provideseyreader
ll a L
Vaexamination,
for an applicant who is blind who is takingonbar 017
issi a
H M uly 5, 2
but the reader is unfamiliar with specific terminology used in
J
. DC
the examination, mispronouncesed on and, because he or
ski v iv words,
ew
z
rc
she does n Karc
the h
i not understand a questions, is unable to convey
633
5
the ited
c information5in5the questions or to follow the applicant's
1 o.effectively. Because of the difficulty in
N
instructions
communicating with the reader, the applicant is unable to
complete the examination. MNO is not in compliance with
the ADA, because the results of the examination will reflect
the reader's lack of skill and familiarity with the material,
rather than the applicant's knowledge.
ILLUSTRATION 2: ABC Testing Service administers written
examinations designed to test specific skills or areas of
knowledge. An individual with a vision impairment or
learning disability that limits the ability to read written
material may be unable to pass such an examination
because of limited reading ability, regardless of his or her
knowledge or ability in the area that the test is designed to
measure. ABC must administer the test in a manner that
enables the applicant to demonstrate his or her skill or
knowledge, rather than the ability to read.
BUT: If the test is designed to measure the ability to read written
material, it may be administered in written form because the result will
accurately reflect the individual's reading ability.

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Aside from auxiliary aids or services, what other types of modifications
may be required? In order to ensure that an examination provides an
accurate measurement of the applicant's aptitude or achievement level,
or whatever other factor it purports to measure, the entity administering
the examination may also be required to modify the manner in which it
is administered.

ILLUSTRATION: X has a manual impairment that makes
writing difficult. It may be necessary to provide X with more
time to complete the exam and/or permit typing of answers.
What obligations does an examiner have if its facilities are
inaccessible? Examinations must be administered in facilities that are
accessible to individuals with disabilities or alternative accessible
arrangements must be made. If the facility in which the examination is
offered is not accessible, it may be administered to an individual with a
disability in a different room or other location. For instance, the entity
might provide the examination at an individual's home with a proctor.
The alternative location must, however, provide comparable conditions
to the conditions in which the test is administered to others.
ILLUSTRATION: A nurse licensing examination is
administered in a warm, well-lit, second-floor classroom that
LLC
is not accessible to an individual who uses a wheelchair. The
alley
nV
Nursing Board may allow that individualsiotake it in17
is to 5, 20 a
classroom or office on the first CH M is ly
D floor that uaccessible, but
ki v. ved on Jalso well-lit and has
must ensure that the accessible room is
zews archi
adequaten Karc
heat.
33

i
6
cited o. 15-55
N
Must all testing locations be accessible and offer specially designed
exams? No, but if an examination for individuals with disabilities is
administered in an alternative accessible location, or in a manner
specially designed for individuals with disabilities, it must be offered as
often and in as timely a manner as other examinations. Examinations
must be offered to individuals with disabilities at locations that are as
convenient as the location of other examinations.
ILLUSTRATION: A college entrance examination is offered
by LMN Testing Service in several cities in a State, but only
one location has either an accessible facility or an alternative
accessible facility. X, an individual who uses a wheelchair,
lives near an inaccessible test location at which no
alternative accessible facility is provided. The nearest test
location with an accessible facility is 500 miles away. LMN
has violated the ADA, because X is required to travel a
longer distance to take the examination than other people
who can take the examination in the city that is most
convenient for them.
Can individuals with disabilities be required to file their applications to
take an examination earlier than the deadline for other applicants? No.
This would violate the requirement that examinations designed for
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individuals with disabilities be offered in as timely a manner as other
examinations. Entities that administer tests may require individuals with
disabilities to provide advance notice of their disabilities and of any
modifications or aids that would be required, provided that the deadline
for such notice is no earlier than the deadline for others applying to take
the examination.

May an examiner require that an applicant provide documentation of the
existence and nature of the disability as evidence that he or she is
entitled to modifications or aids? Yes, but requests for documentation
must be reasonable and must be limited to the need for the modification
or aid requested. Appropriate documentation might include a letter from
a physician or other professional, or evidence of a prior diagnosis or
accommodation, such as eligibility for a special education program. The
applicant may be required to bear the cost of providing such
documentation, but the entity administering the examination cannot
charge the applicant for the cost of any modifications or auxiliary aids,
such as interpreters, provided for the examination.
ILLUSTRATION: A testing service may be required to
provide individuals with dyslexia with more time to complete
an examination. An individual who requests additional time
may, however, be required to notify the testing service of the
LLC
request at the time he or she applies to take the lley
a
V
examination, and to furnish appropriate sion
017
is documentation to
H M uly 5, 2 of a
establish that the additional. time is needed because
DC
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disability.
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Can an entity refuse5- provide modifications or aids for applicants with
cited o. 1 to
disabilities on N grounds that those individuals, because of their
the
disabilities, would be unable to meet other requirements of the
profession or occupation for which the examination is given? No. When
an examination is one step in qualifying for a license, an individual may
not be barred from taking the examination merely because he or she
might be unable to meet other requirements for the license. If the
examination is not the first stage of the qualification process, an
applicant may be required to complete the earlier stages prior to being
admitted to the examination. On the other hand, the applicant may not
be denied admission to the examination on the basis of doubts about
his or her abilities to meet requirements that the examination is not
designed to test.
ILLUSTRATION: An individual with a disability may not be
required to demonstrate that he or she is capable of
practicing medicine in order to be provided with an auxiliary
aid in taking a test for admission to medical school.
BUT: An individual may be required to complete medical school before
being admitted to a licensing examination for medical school graduates.

111-4.6200 Courses. The requirements for courses under this section
are generally the same as those for examinations. Any course covered
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by this section must be modified to ensure that the place and manner in
which the course is given are accessible. Examples of possible
modifications that might be required include extending the time
permitted for completion of the course, providing auxiliary aids or
services (except where to do so would fundamentally alter the course or
result in an undue burden), or offering the course in an accessible
location or making alternative accessible arrangements.

ILLUSTRATION: If the course is offered in an inaccessible
location, alternative accessible arrangements may include
provision of the course through videotape, cassettes, or
prepared notes.
Alternative arrangements for courses, like those for examinations, must
provide comparable conditions to those provided to others, including
similar lighting, room temperature, and the like.
The entity offering the course must ensure that the course materials that
it provides are available in alternate formats that individuals with
disabilities can use.
ILLUSTRATION: Class handouts may be provided in Braille
or on audio cassettes for individuals with visual impairments.

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BUT: If the course uses published materials that n Vavailable
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n however, inform students
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tape, before theo.
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An entity offering a variety of courses covered by this section may not
limit the selection or choice of courses available to individuals with
disabilities. Courses offered to fulfill a continuing education requirement
for a profession, for example, are covered by the requirement that they
be offered in an accessible place and manner, and an entity that offers
such courses may not designate particular courses for individuals with
disabilities and refuse to make other courses accessible.

111-5.0000 NEW CONSTRUCTION
Regulatory references: 28 CFR 36.401; 36.406; Appendix A.

111-5.1000 General. All newly constructed places of public
accommodation and commercial facilities must be readily accessible to
and usable by individuals with disabilities to the extent that it is not
structurally impracticable. This requirement, along with the requirement
for accessible alterations, are the only requirements that apply to
commercial facilities.
What is "readily accessible and usable"? This means that facilities must
be built in strict compliance with the Americans with Disabilities Act
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Accessibility Guidelines (ADMG). There is no cost defense to the new
construction requirements.

What buildings are covered? The new construction requirements apply
to any facility first 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; or in those jurisdictions where the
government does not certify completion of applications, the date that the
last application for a building permit or permit extension is received by
the government.
What if a building is occupied before January 26, 1993? It is not
covered by the title Ill new construction requirements.
What does "structurally impracticable" mean? The phrase "structurally
impracticable" means that unique characteristics of the land prevent the
incorporation of accessibility features in a facility. In such a case, the
new construction requirements apply, except where the private entity
can demonstrate that it is structurally impracticable to meet those
requirements. This exception is very narrow and should not be used in
cases of merely hilly terrain. The Department expects that it will be used
in only rare and unusual circumstances.

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for
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ILLUSTRATION: M owns a large piece of land on which he
N

plans to build many facilities, including office buildings,
warehouses, and stores. The eastern section of the land is
fairly level, the central section of the land is extremely steep,
and the western section of the land is marshland. M
assumes that he only need comply with the new construction
requirements in the eastern section. He notifies his architect
and construction contractor to be sure that all buildings in
the eastern section are built in full compliance with ADMG.
He further advises that no ADMG requirements apply in the
central and western sections.
M's advice as to two of the sections is incorrect. The central section
may be extremely steep, but that is not sufficient to qualify for the
"structural impracticability" exemption under the ADA. M should have
advised his contractor to grade the land to provide an accessible slope
at the entrance and apply all new construction requirements in the
central section.
M's advice as to the western section is also incorrect. Because the land
is marshy, provision of an accessible grade-level entrance may be
structurally impracticable. This is one of the rare situations in which the
exception applies, and full compliance with ADMG is not required.
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However, M should have advised his contractor to nevertheless
construct the facilities in compliance with other ADAAG requirements,
including provision of features that serve individuals who use crutches
or who have vision or hearing impairments. For instance, the facility
needs to have stairs and railings that comply with ADAAG, and it should
comply with the ADAAG signage and alarm requirements, as well.

Who is liable for violation of the ADA in the above example? Any of the
entities involved in the design and construction of the central and
western sections might be liable. Thus, in any lawsuit, M, the architect,
and the construction contractor may all be held liable in an ADA lawsuit.

111-5.2000 Commercial facilities in a home. When a commercial
facility, such as a home sales office or production workshop, is located
in a home, the portion used exclusively as a commercial facility, as well
as the portion used both as a commercial facility and for residential
purposes, are covered by the new construction and alterations
requirements. The covered areas include not only the rooms used as a
commercial facility but also an accessible route to the commercial
facility from the sidewalk, through the doorway, through the hallway, and
other portions of the home, such as restrooms, used by employees and
visitors.

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111-5.3000 Application of ADAAG. The Department ofllJustice has
a ey
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adopted the ADA Accessibility Guidelines (ADAAG), issued by the
ion
7
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What if ADAAG has no standards for a particular type of facility -- such
as bowling alleys, golf courses, exercise equipment, pool lifts,
amusement park rides, and cruise ships? In such cases, the ADAAG
standards should be applied to the extent possible. Where appropriate
technical standards exist, they should be applied. If there are no
applicable scoping requirements (i.e. , how many features must be
accessible), then a reasonable number, but at least one, must be
accessible.
ILLUSTRATION 1: A swimming pool complex must comply
fully with ADAAG in the parking facilities, route to the facility
door, entrance to the facility, locker rooms, showers,
common areas, and route to the pool. However, ADAAG
does not contain technical standards for access to the pool
itself. Thus, the owner cannot be found in violation of
ADAAG for failure to install a lift or other means of access
into the pool.
ILLUSTRATION 2: Most bowling alleys are inaccessible
because they have a few steps down to the bowling area
and a step up to the lanes. ADAAG requirements for
ramping steps can be applied to the design of new bowling
alleys, resulting in an accessible bowling alley. Unlike in the
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case of pool lifts above, appropriate technical standards for
ramps are applicable. However, ADAAG contains no
"scoping" for bowling alleys. In other words, it does not
specify how many alleys need to be accessible. As a result,
if a reasonable number, but at least one, of the alleys is
designed to be accessible, no ADA violation will be found.
ILLUSTRATION 3: Because of the unique structure of ships,
none of the ADAAG technical or scoping standards are
appropriate. Until such time as the Architectural and
Transportation Barriers Compliance Board issues specific
standards applicable to ships, there is no requirement that
ships be constructed accessibly. (Cruise ships would still be
subject to other title Ill requirements.)

111-5.4000 Elevator exemption. Elevators are the most common way to
provide access in multistory buildings. Title Ill of the ADA, however,
contains an exception to the general rule requiring elevators. Elevators
are not required in facilities under three stories or with fewer than 3000
square feet per floor, unless the building is a shopping center or mall;
professional office of a health care provider; public transit station; or
airport passenger terminal.
ILLUSTRATION 1: A two-story office building has 40,000
LLC
square feet on each floor. Because the buildingalley than
is less
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BUT: A two-story shopping center with 40,000 square feet on each floor
is required to have an elevator, because shopping centers are not
entitled to the exemption.
ILLUSTRATION 2: A four-story building has 2900 square
feet per floor. An elevator is not required because each floor
has less than 3000 square feet.
ILLUSTRATION 3: A four-story office building has 3500
square feet on the first floor and 2500 square feet on each of
the other floors. An elevator is required. (All of the stories
must be under 3000 square feet to qualify for the
exemption.)
What is a "story"? A story is "occupiable" space, which means space
designed for human occupancy and equipped with one or more means
of egress, light, and ventilation. Basements designed or intended for
occupancy are considered "stories. " Mezzanines are not counted as
stories, but are just levels within stories.
If a two-story building is not required to have an elevator to the second
floor, must it provide a lift? No. The elevator exemption is a "vertical
access" exemption. This means that no access by any means need be
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provided to the second floor. However, if an entity wishes to provide
access by ramp or a lift, it is, of course, free to do so.

What if a building is not required to have an elevator, but the owner
decides to install an elevator anyway? Must the elevator comply with
ADAAG elevator requirements? Yes. And that elevator must serve every
level of the building, unless it only provides service from a garage to
one level of the building.
If a building is subject to the elevator exemption, do any other ADAAG
requirements apply in the building? Yes. Even in buildings that are
exempt from the elevator requirement, all other ADAAG requirements
(apart from the requirement for an elevator) must still be met.
ILLUSTRATION: A two-story building will be used as real
estate offices. There will be bathrooms on both the ground
floor and the second floor. No elevator will be installed
because it is not required in a building with less than three
stories. However, the second floor bathrooms must still be
accessible. In other words, both the ground floor and the
second floor bathrooms must be accessible.
But why are accessible bathrooms and fountains required on the
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second floor when there is no way that an individual using a L
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allewho can walk
can get to the second floor? There are many sion V
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up stairs by using crutches, but then CH wheelchairs 2 get
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once they reach the upper floor.v.
since the
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in
designingitthe second -55 to be accessible as well. In addition, ADAAG
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contains accessibility features for individuals with disabilities other than
those who use wheelchairs, and those features should be incorporated
in building design. Finally, an elevator may be installed at a future date,
or an addition with an elevator may be added later on. In addition,
accessible design of bathroom facilities will foster ease of use by all
persons.

111-5.4100 Shopping center or mall. A "shopping center or mall" is
either-(1) A building with five or more "sales or retail
establishments," or
(2) A series of buildings on a common site, either under
common ownership or common control or developed
together, with five or more "sales or retail establishments. "
Included within the phrase "sales or retail establishments" are those
types of stores listed in the fifth category of places of public
accommodations, i.e. , bakery, grocery store, clothing store, hardware
store, etc. (see 111-1.2000). The term includes floor levels containing at
least one such establishment, or any floor that was designed or
intended for use by at least one such establishment. The definition of
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"shopping center or mall" is slightly different for purposes of alterations
(see 111-6.3000).

ILLUSTRATION 1: A strip of stores includes a grocery store,
a clothing store, a restaurant, a dry-cleaner, a bank, and a
pharmacy. This is not a shopping center or mall because
only two stores are in the fifth category of "sales or retail
establishments" (the grocery store and the clothing store).
The restaurant is an establishment serving food or drink (the
second category of place of public accommodation). The
remaining establishments are "service establishments"
included under the sixth category in the definition of place of
public accommodation.
ILLUSTRATION 2: A building has a card store, office supply
store, video store, and a bakery on the first floor; and a
hobby shop, accountant's office, and lawyer's office on the
second floor. In this case, both the first and second floors
qualify as a "shopping center or mall," because each of
those floors has at least one sales establishment. Although
no floor alone has five sales establishments, the first and
second floor each have at least one such establishment and,
together, the total is five. (The accountant's and lawyer'sC
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offices are "service establishments" and are not included in
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No.
a facility was intended as a shopping center? There are a number of
factors that can be considered in determining whether a particular floor
was designed or intended for use by at least one sales or rental
establishment (which would mean that floor is a shopping center).
Relevant questions include -

1) What type of businesses did the developer target in his
advertising and marketing of the property? Was the
developer trying to encourage sales establishments to join
the property?
2) Was the facility designed with any special features for
sales or rental establishments? For example, are there
counters and large windows and check-out aisles?
3) What type of establishment actually first occupied the
floor? Was it retail stores or was it offices, for example?
If a shopping mall has 25 stores on each level, how many elevators are
needed? Generally, one is enough, as long as an individual could use
the elevator and then be able to reach any of the stores on the second
level during the hours that the mall is open.

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111-5.4200 Professional office of a health care provider.

A "professional office of a health care provider'' is a location where a
State-regulated professional provides physical or mental health services
to the public. The ADA's elevator exemption does not apply to buildings
housing the offices of a health care provider.
ILLUSTRATION: A physician has offices on the first floor of a
multistory building. The second floor has other types of
offices. An elevator is not required.
BUT: If the second floor was designed or intended for use by a health
care provider, an elevator would be required.
ILLUSTRATION 2: A newly constructed two-story building
houses a business that provides home health care services.
No health care services are actually provided at the
company's offices. While the building must meet all other
requirements for new construction, no elevator is required.
How will the Department of Justice determine whether a facility was
designed or intended for occupancy by a health care provider? Factors
that the Department of Justice will look at in making that determination
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3) Whether any of the establishments that actually first
occupied the floor were, in fact, health care providers.

111-5.4300 Transportation terminals. The ADA's elevator exemption
also does not apply to bus or train terminals or depots, or to airport
passenger terminals. If, however, all passenger services in a two-story
facility - including boarding, debarking, loading and unloading, baggage
claim, dining facilities, and other common areas open to the public - are
located on the same floor level and on an accessible route from an
accessible entrance, an elevator is not required.
111-6.0000 ALTERATIONS
Regulatory references: 28 CFR 36.402-36.406; Appendix A.

111-6.1000 General. If an alteration in a place of public accommodation
or commercial facility is begun after January 26, 1992, that alteration
must be readily accessible to and usable by individuals with disabilities
in accordance with ADAAG to the maximum extent feasible.
What is an alteration? An alteration is any change that affects usability.
It includes remodeling, renovation, rearrangements in structural parts,
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and changes or rearrangement of walls and full-height partitions.
Normal maintenance, reroofing, painting, wallpapering, asbestos
removal, and changes to electrical and mechanical systems are not
"alterations," unless they affect usability.

ILLUSTRATION 1: Flooring in a store is being replaced. This
is an alteration because it can affect whether or not an
individual in a wheelchair can travel in the store. The new
floor must comply with, for example, ADMG requirements
for a nonslip surface or with the ADMG carpeting
requirements, if applicable.
ILLUSTRATION 2: A doorway is being relocated and a new
door will be installed. The new doorway must be wide
enough to meet ADMG. The new door must have
appropriate hardware that can be used without grasping,
twisting, or pinching of the wrist.
ILLUSTRATION 3: An electrical outlet is being relocated.
The location of the new outlet can affect usability by an
individual who uses a wheelchair because, if the outlet is
placed too low, the individual will be unable to reach it. This,
then, is an alteration that must be done in accordance with
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ADMG reach requirements.
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an individual with disabilities ki not affected.nThus, the wiring need not
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be done in compliance z
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of a facility makes it impossible to comply with all of the alterations
standards. In such a case, features must only be made accessible to
the extent that it is technically feasible to do so. The fact that adding
accessibility features during an alteration may increase costs does not
mean compliance is technically infeasible. Cost is not to be considered.
Moreover, even when it may be technically infeasible to comply with
standards for individuals with certain disabilities (for instance, those who
use wheelchairs), the alteration must still comply with standards for
individuals with other impairments.
ILLUSTRATION 1: A restaurant is undergoing a major
renovation. Widening the entrance would affect the building
structure because removal of an essential part of the
structural frame would be required. In this case, it is
"technically infeasible" to widen the entrance, and the action
is not required. However, all other ADMG alterations
requirements apply to the renovation.
BUT: If the only problem with widening the entrance is that it would
increase the cost of the renovation, the "technically infeasible" exception
does not apply, and the entrance must be widened.
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111-6.2000 Alterations: Path of travel. When an alteration is made to a
"primary function area," not only must that alteration be done in
compliance with ADAAG, but there must also be an accessible path of
travel from the altered area to the entrance. The "path of travel"
requirement includes an accessible route to the altered area and the
bathrooms, telephones, and drinking fountains serving the area.
Alterations to provide an accessible path of travel are required to the
extent that they are not "disproportionate" to the original alteration, that
is, to the extent that the added accessibility costs do not exceed 20
percent of the cost of the original alteration to the primary function area.

What is a primary function area? It is any area where a major activity
takes place. It includes both the customer services areas and work
areas in places of public accommodation. It includes all offices and work
areas in commercial facilities. It does not include mechanical rooms,
boiler rooms, supply storage rooms, employee lounges or locker rooms,
janitorial closets, entrances, corridors, or restrooms.
ILLUSTRATION 1: The customer service area of a dry
cleaning store and the employee area behind the counter
are both primary function areas.
ILLUSTRATION 2: Remodeling an office is an alteration to a
LC
primary function area. But remodeling the employee L
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restrooms is not an alteration to a primary function area.
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ILLUSTRATION 3: Installing a new on
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calteration to hive
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installingi a new -556surface in the corridor leading to the
ed n 15floor 3
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work roomois not.

What is a "path of travel"? It is a continuous route connecting the altered
area to the entrance. It can include sidewalks, lobbies, corridors, rooms,
and elevators. It also includes phones, restrooms, and drinking
fountains serving the altered area.
Does this mean that every single time any minor alteration is made in a
primary function area, the "path of travel" requirement is triggered? In
other words, does a simple thing like changing door hardware trigger
the path of travel requirement? No. There are some alterations that will
never trigger the path of travel requirement. The Department's
regulation states that alterations to windows, hardware, controls,
electrical outlets, and signs do not trigger path of travel requirements. (If
they affect usability, however, they are still considered to be "alterations"
and must be done accessibly.) ADAAG gives some additional
exceptions: the path of travel requirement is not triggered if alteration
work is limited solely to the electrical, mechanical, or plumbing system,
hazardous material abatement, or automatic sprinkler retrofitting, unless
the project involves alteration to elements required to be accessible.
ILLUSTRATION 1: An office building manager is replacing all
of the room number signs. This is an "alteration" because it
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can affect usability by an individual who is blind. Thus, the
new signs must comply with ADAAG requirements for
permanent signs. However, the path of travel requirement is
not triggered. Even though an alteration is being made in a
primary function area, alterations to "signs" are in the list of
alterations that will never trigger the path of travel
requirement.

ILLUSTRATION 2: The building manager now replaces the
men's and women's room signs. Again this is an alteration
because it can affect usability, and the new signs must
comply with ADAAG. Here, the path of travel requirements
are not triggered for two separate reasons. First, as in the
above case, the alteration is to "signs" and thus will never
trigger the path of travel requirement. In addition, in this
case, the alteration is to the restroom. Restrooms are not
primary function areas except in limited circumstances, such
as highway rest stops.
What if a tenant remodels his store in a manner that would trigger the
path of travel obligation, but the tenant has no authority to create an
accessible path of travel because the common areas are under the
control of the landlord? Does this mean the landlord must nowC
L make an
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accessible path of travel to the remodeled store? No.all
V Alterations by a
tenant do not trigger a path of travel obligation ifor the 2017
s on landlord. Nor is
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the tenant required to make changes in areasJnot under his control.
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No.
installing ramps, making bathrooms accessible, lowering telephones,

relocating water fountains -- as well as any other costs associated with
making the path of travel accessible - can be included.
What if the cost of making an accessible path of travel would exceed
the cost of the original alteration by much more than 20 percent? In
such a case, is the entity exempt from the path of travel requirement?
No. The entity must still make the path of travel accessible to the extent
possible without going over 20 percent, giving priority to those elements
that provide the greatest degree of access. Changes should be made in
the following order: accessible entrance, accessible route to the altered
area, at least one accessible restroom for each sex or single unisex
restroom, phones, drinking fountains, and then other elements such as
parking, storage, and alarms.
ILLUSTRATION: A library is remodeling its reading area for
a total cost of $20,000. The library must spend, if necessary,
up to an additional $4,000 (20 percent of $20,000) on "path
of travel" costs. For $4,000 the library can install a ramp
leading to the reading area, and it can lower telephones and
drinking fountains. For $3,500 the library can create an
accessible restroom. Because the most important path of
travel element is the entrance and route to the area, the
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library should spend the money on the ramp, telephones,
and drinking fountains.

Can an entity limit its path of travel obligation by engaging in a series of
small alterations? No. An entity cannot evade the path of travel
requirement by doing several small alterations (each of which, if
considered by itself, would be so inexpensive that adding 20 percent
would not result in addition of any path of travel features). Whenever an
area containing a primary function is altered, other alterations to that
area (or to other areas on the same path of travel) made within the
preceding three years are considered together in determining
disproportionality. Only alterations after January 26, 1992, are counted.
In other words, all of the alterations to the same path of travel taken
within the preceding three years are considered together in deciding
whether the 20 percent has been reached.
ILLUSTRATION: On February 1, 1992, a nursery school with
several steps at its entrance renovates one of its
classrooms. The renovations total $500, triggering up to
$100 worth of path of travel obligations (20 percent of $500).
Because $100 will not buy a ramp and because no other
accessible features needed in that particular nursery school
can be added for $100, no path of travel features are added.
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$200. As before, no path of.travel features lare added. Then,
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another
on March 1, 1993, ews
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made to in K
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obligations of up 5 $400. Had the nursery school done all
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three small renovations at the same time, the cost would
have been $3,500, triggering a path of travel obligation of up
to $700. For $700, an accessible ramp could have been
installed.
In determining amounts that must be spent on path of travel features at
the time of the March 1, 1993, renovation, the nursery school must
spend up to 20 percent not just of the $2,000 renovation taking place on
March 1, but, rather, up to 20 percent of all of the renovations in the
preceding three years put together. Thus, on March 1, 1993, the nursery
school must spend up to 20 percent of $3,500 or $700 (the total cost of
the three small renovations) rather than up to 20 percent of $2,000 or
$400 (the cost of just the March 1, 1993, renovation).

111-6.3000 Alterations: Elevator exemption. As under new construction,
elevators are not required to be installed during alterations in facilities
under three stories or with fewer than 3,000 square feet per floor, unless
the building is a shopping center or mall; professional office of a health
care provider; public transit station; or airport passenger terminal. As
discussed below, "shopping center or mall" is defined differently for
alterations than it is for new construction.

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Does this mean that shopping centers, health care providers, and transit
facilities have to install elevators every time they do alterations that
would trigger a path of travel obligation involving vertical access? No.
The 20 percent disproportionality limit discussed above applies and
means that elevators are not required when installing them would
exceed 20 percent of the cost of the original alteration (which will most
often be the case).

BUT, if escalators or stairs are being planned where none existed
before and major structural modifications are necessary, an elevator or
platform lift may need to be installed, because ADAAG provides that, in
such a situation, an accessible means of vertical access must be
provided. However, elevators or lifts are never required to be installed
during alterations if it is technically infeasible to do so.
Why is there a different definition of "shopping center or mall" for
alterations as opposed to new construction? A "shopping center or mall"
is defined in the alterations provisions as a series of existing buildings
on a common site connected by a "common pedestrian route" above or
below the ground floor. This definition was included to avoid a
requirement for several separate elevators in buildings that were initially
designed and built independently of one another. The common
pedestrian route would allow access to all of the stores to beLC
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111-6.4000 Alterations: Historic preservation. Alterations to historic

properties must comply with the historic property provisions of ADAAG,
to the maximum extent feasible. Under those provisions, alterations
should be done in full compliance with the alterations standards for
other types of buildings. However, if following the usual standards would
threaten or destroy the historic significance of a feature of the building,
alternative standards may be used. The decision to use alternative
standards for that feature must be made in consultation with the
appropriate advisory board designated in ADAAG, and interested
persons should be invited to participate in the decision-making process.
What are "historic properties"? These are properties that are listed or
that are eligible for listing in the National Register or Historic Places, or
properties designated as historic under State or local law.
What are the alternative requirements? The alternative requirements
provide a minimal level of access. For example -1) An accessible route is only required from one site access
point (such as the parking lot).
2) A ramp may be steeper than is ordinarily permitted.
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3) The accessible entrance does not need to be the one
used by the general public.

4) Only one accessible toilet is required and it may be
unisex.
5) Accessible routes are only required on the level of the
accessible entrance.
But what if complying with even these minimal alternative requirements
will threaten or destroy the historic significance? In such a case, which
is rare, structural changes need not be made. Rather, alternative
methods can be used to provide access, such as providing auxiliary
aids or modifying policies.
ILLUSTRATION: A historic house is being altered to be used
as a museum. The architect designing the project concludes
that most of the normal standards for alterations can be
applied during the renovation process without threatening or
destroying historic features. There appears, however, to be a
problem if one of the interior doors is widened, because
historic decorative features on the door might be destroyed.
After consulting ADAAG, the architect determines that the
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No.
They then review the special alternative requirements, which require an
accessible entrance. The meeting participants determine that
application of the alternative minimal requirements is likewise not
possible.

In this situation, the museum owner is not required to widen the interior
door. Instead, the owner modifies the usual operational policies and
provides alternative access to the activities offered in the inaccessible
room by making available a video presentation of the items within the
inaccessible room. The video can be viewed in a nearby accessible
room in the museum.

111-7.0000 THE AMERICANS WITH DISABILITIES ACT ACCESSIBILITY
GUIDELINES {ADAAG)
Regulatory references: Appendix A to 28 CFR Part 36.

111-7.1000 General. The standards to be used in new construction and
alterations covered by subpart D of the Department's title Ill regulation
are those found in the Americans with Disabilities Act Accessibility
Guidelines published by the Architectural and Transportation Barriers
Compliance Board. These guidelines are incorporated as an appendix
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to the Department's regulations. The substance and form of ADAAG is
drawn from several sources, particularly the Uniform Federal
Accessibility Standards (UFAS) (the Federal standard for buildings
constructed with Federal funds), and the private sector American
National Standard lnstitute's ANSI A 117 .1 standards.

How does ADAAG compare to ANSI? ADAAG's technical design
standards (e.g., how many inches wide a doorway must be) resemble
the 1986 ANSI A 117 .1 standards, in large part. Some design standards
were adopted from the proposed new version of ANSI as it appeared in
draft form when ADAAG was developed. The numbering and format of
ADAAG also resemble ANSI. However, there are significant differences
between ADAAG and the 1986 ANSI standards.
Perhaps the most important difference is in the new scoping
requirements. ADAAG, unlike the 1986 ANSI standards, contains
scoping requirements; that is, specifications as to how many, and under
what circumstances, accessibility features must be incorporated. These
requirements explain when to apply the technical standards.
Other differences reflect congressional intent that the ADA guidelines
focus on certain areas not specifically addressed in ANSI, such as
dressing rooms, restaurants, automated teller machines, and mercantile
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establishments. ADAAG also reflects congressional intent that the
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111-7.2100 Equivalent facilitation (§2.2). Departures are permitted from
No.

particular requirements where alternative designs and technologies will
provide substantially equivalent or greater access to and usability of the
facility.
ADAAG itself provides various examples of equivalent facilitation, i.e. ,
acceptable deviations from the standards. For instance -1) In altered areas, elevator car dimensions can be smaller
than the standards would mandate for new construction
(§4.1.6(3)(c));
2) Rather than install a text telephone next to a pay phone,
hotels may keep portable text telephones at the desk, if they
are available 24 hours per day and certain other conditions
are met (§4.31.9);
3) A folding shelf with space for handing materials back and
forth can be used instead of providing an accessible
ticketing or other similar counter (§7.2(2)(iii));
4) Accessible guest quarters in newly constructed hotels
may all be "multiple-occupancy" rooms, provided that
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occupancy rooms are allowed to use the multiple-occupancy
rooms at the cost of a single-occupancy room (?9.1.4(2));

5) If balconies or terraces cannot be made accessible
because wind or water damage will result, a ramp or raised
decking may be used (§9.2.2(6)).
Are these the only places where equivalent facilitation can be used? No.
Departures from any provision in ADAAG are permitted as long as
equivalent access is provided. However, portable ramps are not
considered equivalent facilitation.

111-7.3000 Accessible elements and spaces: Scoping and technical
requirements.
111-7.3100 Application (ADAAG §4.1.1(1)). ADAAG applies to all areas
in new construction and alterations, except where limited by scoping
requirements.

111-7.3110 Work areas (ADAAG §4.1.1(3)). Access to work areas, but
not to individual work stations, is required. The requirement for work
areas is that they be designed so that individuals with disabilities can
approach, enter, and exit the areas.

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may later be No. 15
requirements concerning placement of fixtures and equipment.

What about areas such as hotel rooms that are work areas for cleaning
people? Are they considered "work areas" subject to the limited
requirements for approach, enter, and exit? No. The "work area" limited
exception applies only to areas used exclusively by employees as work
areas. Because the hotel room is also used by customers for sleeping, it
is not a work area subject to the limited exemption.
What is included in the term ''work area"? Does it include employee
lounges, restrooms, cafeterias, health units, and exercise facilities? No.
These common use areas are not considered work areas, and they
must be constructed or altered in full compliance with ADAAG.
What if an owner of a building believes that an individual who uses a
wheelchair could never do the kind of job that will be performed in the
particular area? Does the area still have to be made accessible? Yes.
The ADA does not permit such assumptions to be made about the
capabilities of individuals with disabilities. Unless the area is exempt
from accessibility requirements (see 111-7.3130), it must be designed so
that individuals with disabilities can approach, enter, and exit the area.
Even if an individual with a certain type of disability would not be
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qualified for a particular job, access must be provided for other
individuals with disabilities such as, for example, supervisors,
maintenance workers, volunteers, or inspectors, who may need to
approach, enter, and exit the work area.

Does the work area exemption apply only to areas that can be
characterized as individual work stations, such as cubicles, counters,
offices, or booths? Or does it also apply to larger work spaces, such as
restaurant kitchens, factory production areas, and warehouse space? It
applies to the larger spaces as well. Thus, the requirement for a
restaurant kitchen, a factory production area, or warehouse space, is
that it be constructed so that an individual with a disability can
approach, enter, or exit the area. However, alterations within those work
areas need not be done accessibly, because that interior area is not
covered by ADAAG. On the other hand, if alterations are made in such
work areas, the path of travel requirements will be triggered because
those work areas are primary function areas (see 111-6.2000).
Does this mean that there can no longer be raised platforms for grocery
managers or pharmacists? If a raised platform for a grocery manager
station or area for pharmacists is an "observation galler[y] used
primarily for security purposes," it is one of the types of facilities that is
totally exempt from any accessibility requirements (see 111-7.3130)
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by another work area, such as a service counter. The work area
accessibility requirement would be satisfied as long as that outer area
could be approached, entered, and exited.
What if the raised area is a mezzanine (i.e. , an actual floor level) used,
for example, as an employee lounge area? In this case, whether there
needs to be an elevator to the mezzanine depends upon whether the
elevator exemption applies. If an elevator is not required (because, for
example, the building is under three stories and is not a shopping center
or other exempt facility), then access need not be provided to that
mezzanine. Likewise, access to the mezzanine need not be provided in
one-story buildings. However, if an elevator is required (because the
facility is a shopping center, for example), then there will need to be
access to the mezzanine.
ILLUSTRATION: A two-story grocery store is located next to
a bakery and a card store. The grocery store has a
mezzanine that is used as an employee lounge area. The
lounge area can be built without a ramp or elevator, because
the facility is subject to the elevator exemption. (It is not a
shopping center because it does not have five stores in it.)
Given that inaccessible floors are permitted, inaccessible
mezzanines are also allowed.
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BUT: If the grocery store were located in a complex with four other sales
or rental establishments, it would be a "shopping center. " As such, it
would not be entitled to the elevator exemption and the employees'
lounge on the mezzanine would have to be made fully accessible, either
by ramp or elevator.

111-7.3120 Temporary structures (ADAAG §4.1.1(4)). Temporary
buildings that are extensively used or are essential for public use are
covered. However, structures, sites, and equipment directly associated
with major construction are not covered.

111-7.3130 General exceptions (ADAAG §4.1.1(5)). Accessibility is not
required to -1) Observation galleries used primarily for security purposes;
or
2) Nonoccupiable spaces accessed only by ladders, crawl
spaces, very narrow passageways, or freight
(nonpassenger) elevators, and frequented only by service
personnel for repair purposes. This includes elevator pits,
elevator penthouses, piping or equipment catwalks, cooling
towers, and utility tunnels.

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111-7.4000 Sites and exterior facilities

111-7.4100 General. This section addresses exterior features such as
parking, portable toilets, and exterior signage in new construction.

111-7.4200 Accessible route (ADAAG §4.1.2(1 )). An accessible route
must connect accessible public transportation stops, parking spaces,
passenger loading zones, and public streets or sidewalks to an
accessible building entrance.
Note, however, that private entities often do not have control over
streets and sidewalks. In such a case, the private entity is not
responsible for compliance. However, it is encouraged to request public
entities to modify sidewalks and install curb cuts.

111-7.4300 Parking (ADAAG §4.1.2(5)(b)). ADAAG provides a table with
the number of accessible parking spaces required dependent on the
size of the lot. For example, only four percent of the spaces in a 100space lot must be accessible. Certain facilities, however, are subject to
higher requirements.
Outpatient units are subject to a higher requirement if they are part of
medical care facilities where persons may need assistance in
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responding to an emergency and where the period of stay may exceed
twenty-four hours. For such facilities, ten percent of the total parking
attributable to the outpatient unit or facility must be accessible.

In addition, any unit or facility providing medical care or other services,
including occupational or physical therapy, or vocational rehabilitation, is
subject to a higher accessible parking requirement, if it specializes in
treatment or services for persons with mobility impairments. Twenty
percent of the total number of parking spaces serving each such unit or
facility must be accessible.
In addition to the general requirements for accessible automobile
spaces, ADAAG requires that at least one of every eight accessible
parking spaces have adequate adjacent space for a van lift to be
deployed. Each such space must have a sign indicating that it is vanaccessible, but it is not to be reserved exclusively for vans. Alternatively,
"universal parking," in which all spaces can accommodate van widths, is
permitted.
If valet parking is provided, there must be an accessible passenger
loading zone.
If a lot is limited to the exclusive use of employees, and none of the
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employees are individuals with disabilities requiring accessible parking,
alley disabilities.
accessible spaces may be assigned to employees V
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indicate accessible1
No. parking spaces; accessible passenger loading

zones; and accessible entrances and toilet facilities, if all are not
accessible.

111-7.5000 Buildings: New construction (ADAAG §4.1.3).
111-7.5100 General. This section contains scoping requirements for new
construction.

111-7.5105 Accessible route (ADAAG §4.1.3(1)). An accessible route
must connect all accessible elements within a building.

111-7.5110 Stairs (ADAAG §4.1.3(4)). Interior and exterior stairs must
comply if they go between levels not connected by an elevator, ramp, or
lift.
111-7.5115 Elevators and platform lifts (ADAAG §4.1.3(5)). Elevators
are required to serve each level in a newly constructed building, with
four exceptions:
1) Exception 1 is the "elevator exemption" discussed above
(see 111-5.4000).

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2) Exception 2 exempts elevator pits, elevator penthouses,
mechanical rooms, and piping or equipment catwalks.

3) Exception 3 permits the use of accessible ramps instead
of elevators at any time.
4) Exception 4 permits the use of platform lifts under certain
conditions. Lifts must permit unassisted entry, operation, and
exit.

111-7.5120 Windows (ADAAG §4.1.3(6)). There are currently no
requirements for windows.

111-7.5125 Doors (ADAAG §4.1.3(7)). The following doors must be
accessible:
1) At least one at each accessible entrance and at each
accessible space;
2) Each door that is part of an accessible route; and
3) Each door that is required for egress.
Automated doors are not required. Because of a wide variety of factors
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111-7.5130 Entrances (ADAAG §4.1.3(8)). At
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111-7.5135 Areas of rescue assistance (ADAAG §4.1.3(9)). Areas of
rescue assistance (safe areas in which to await help in an emergency)
are generally required on each floor, other than the ground floor, of a
multistory building. An accessible egress route or an area of rescue
assistance is required for each exit required by the local fire code.
Specific requirements are provided for such features as location, size,
stairway width, and two-way communications. Areas of rescue
assistance are not required in buildings with supervised automatic
sprinkler systems, nor are they required in alterations.

111-7.5140 Drinking fountains (ADAAG §4.1.3(10)). Where there is
only one drinking fountain on a floor, it must be accessible both to
individuals who use wheelchairs and to those who have difficulty
bending or stooping (for example, by using a "hi-lo" fountain or a
fountain and a water cooler). Where there is more than one fountain on
a floor, 50 percent must be accessible to persons using wheelchairs.

111-7.5145 Bathrooms (ADAAG §§4.1.3(11); 4.22.4). Every public and
common use bathroom must be accessible. Generally only one stall
must be accessible (standard five-by-five feet). When there are six or
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more stalls, there must be one accessible stall and one stall that is three
feet wide.

111-7.5150 Storage, shelving, and display units {ADAAG §4.1.3(12)).
One of each type of storage facility must be accessible. Self-service
shelves and displays must be on an accessible route but need not be
lowered within reach ranges of individuals who use wheelchairs.

111-7.5155 Controls and operating mechanisms {ADAAG §4.1.3(13)).
All controls in accessible areas must comply with reach requirements
and must be operable with one hand without tight grasping, pinching, or
twisting of the wrist.

111-7.5160 Alarms {ADAAG §4.1.3(14)). Both audible and visual alarms
are required when emergency warning systems are provided. ADAAG
has detailed requirements concerning features needed for visual
alarms, including type of lamp, color, flash rate, and intensity.

111-7.5161 Detectable warnings {ADAAG 4.1.3(15)). The requirement
for detectable warnings at certain locations is under review by the
Architectural and Transportation Barriers Compliance Board, and will be
the subject of future rulemaking.
111-7 .5165 Signage {ADAAG §§4.1.3(16); 4.30. 7). DifferentLLC
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requirements apply to various types of signs:

and location.

2) Signs that provide direction to or information about
functional spaces of a building (e.g. , "cafeteria this way;"
"copy room") need not comply with requirements for raised
and Brailled letters, but they must comply with requirements
for character proportion, finish, and contrast. If suspended or
projected overhead, they must also comply with character
height requirements.
3) Building directories and other signs providing temporary
information (such as current occupant's name) do not have
to comply with any ADAAG requirements.
4) New symbols of accessibility identifying volume control
telephones, text telephones, and assistive listening systems
are required.
5) When pictograms (pictorial symbols) are used as a sign to
designate a permanent room or space (e.g. , a men's or
women's room), they must be accompanied by an equivalent
verbal description placed directly below the pictogram. The
field used for the pictogram must be at least six inches in
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height (not counting the space used for the verbal
description), and the verbal description must employ Braille
and raised characters.

111-7.5170 Telephones {ADAAG §4.1.3(17)). This section establishes
requirements for accessibility of pay phones to persons with mobility
impairments, hearing impairments (requiring some phones with volume
controls), and those who cannot use voice telephones and need "text
telephones" (referred to in the Department's rule as telecommunication
devices for the deaf (TDD's)):
1) 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.
2) All accessible public phones must be equipped with
volume controls. In addition, 25 percent, but never less than
one, of all other public phones must have volume controls.
3) One TDD or text telephone must be provided inside any
building that has four or more public pay telephones,
counting both interior and exterior phones. In addition, one
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111-7.5175 Fixed seating {ADAAG §4.1.3(18)). At least five percent of
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fixed or built-in seating or tables must be accessible. Wheelchair
seating spaces in assembly areas and restaurants are not subject to
this requirement but, rather, are covered by specific requirements for
"assembly areas" and "restaurants. "

111-7.5180 Assembly areas {ADAAG §4.1.3(19)). This section specifies
the number of wheelchair seating spaces and types and numbers of
assistive listening systems required in assembly areas.
1) Wheelchair seating: Requirements for wheelchair seating
are triggered in any area that seats four or more people. The
number of wheelchair locations required depends upon the
size of the assembly area. Dispersal of wheelchair seating is
required in assembly areas 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 removable armrests)
to allow for transfer from a wheelchair. Fixed seating for
companions must be located adjacent to each wheelchair
location. Finally, wheelchair seating must adjoin an
accessible route that serves a means of egress from the
assembly area. Under circumstances where wheelchair
seating will be located adjacent to a portion of an aisle that
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serves as an accessible means of egress, then other
portions of that aisle and other aisles that do not serve the
accessible wheelchair locations are not required to comply
with the requirements for ramps. ADAAG does not specify
the location of the accessible means of egress. Therefore,
the accessible means of egress from wheelchair locations
can be through the rear, the side, or the front of the theater.
(The general requirements for accessible routes are
discussed above in 111-7.4200.)

2) Assistive listening systems: Certain fixed seating
assembly areas that accommodate 50 or more people or
have audio-amplification systems must have a permanently
installed assistive listening system. Other assembly areas
must have a permanent system or an adequate number of
electrical outlets or other wiring to support a portable
system. A special sign indicating the availability of the
system is required. The minimum number of receivers must
be equal to four percent of the total number of seats, but
never less than two.

111-7.5185 Automated teller machines {ATM's) (ADAAG §4.1.3(20)).
Where ATM's are provided, each must be accessible, exceptLC only
that
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one need comply when two or more ATM's are at theall
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Accessible machines must have, among other ifeatures,017
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The ADAAG standard now in effect provides that ATM's must meet the
requirements for both a forward and a side approach. That standard,
however, is under review by the Architectural and Transportation
Barriers Compliance Board, and is the subject of current rulemaking.

ADAAG permits departures from particular technical requirements by
use of other designs and technologies where the alternative designs
and technologies will provide substantially equivalent or greater access
to and usability of the facility. It may be possible to show that meeting
only one of the reach ranges with respect to a particular ATM, as
installed, provides equivalent facilitation in compliance with ADAAG.

111-7.5190 Dressing and fitting rooms {ADAAG §4.1.3(21)). Where
dressing rooms are provided, five percent or at least one must be
accessible. Technical standards are provided for doors, benches, and
mirrors, with less stringent standards for alterations.

111-7.6000 Additions {ADAAG §4.1.5). Each addition to an existing
building is regarded as an alteration subject to the ADAAG alterations
requirements (including triggering of path of travel obligations, if
applicable). If the addition does not have an accessible entrance, the
path of travel obligation may require an accessible route from the
addition through the existing building, including its entrance and exterior
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approaches, subject to the 20 percent disproportionality limitation.
Moreover, to the extent that a space or element is newly constructed as
part of an addition, it is also regarded as new construction and must
comply with the applicable new construction provisions of ADAAG.

ILLUSTRATION: A new multistory parking structure is
planned as an addition to an existing shopping mall that is
served by an elevator. Each floor of the parking garage will
be connected by an accessible route to the shopping mall.
As an addition, the parking structure is subject to both the
new construction and alterations requirements of ADAAG. If
the parking structure functions as a separate building and
may be used independently of the shopping mall -- for
instance, when the shopping mall is not open for business -then it would not be sufficient to provide vertical access only
through the shopping center. In that case, an elevator or
accessible ramp would be required in the parking structure
to serve each level of the garage. If, on the other hand,
vertical access to each level of the garage may be achieved
through the shopping mall at all times that the garage is
open, an elevator or accessible ramp would not be required
in the parking structure.

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technically infeasible to comply with other provisions of the

111-7.7000 Alterations (ADAAG §4.1.6). Throughout alley
ADAAG, there are

guidelines. Entities are permitted to -(a) Install only one accessible unisex bathroom
per floor;
(b) Cluster wheelchair seating in altered
assembly areas;
(c) Use platform lifts as part of an accessible
route, without having to meet any of the
conditions for use of platform lifts applicable in
the new construction context (§4.1.3(5)); and
(d) Install only one accessible dressing room for
each sex on each level.
2) Areas of rescue assistance are not required in alterations
(§4.1.6(1 )(g)).
3) There are special less stringent requirements for
alterations in many other areas, including sales and service

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counters (§7.2(1)), check-out aisles (§7.3(1)), hotels(?
9.1.5), and homeless shelters (?9.5.2(2)).

111-7.8000 Special facility types
111-7.8100 Historic preservation {ADAAG §4.1.7). This section
contains requirements for alterations to qualified historic buildings and
facilities (see 111-6.4000).

111-7.8200 Restaurants and cafeterias {ADAAG §5). In restaurants,
generally all dining areas and five percent of fixed tables (but not less
than one) must be accessible. While raised or sunken dining areas must
be accessible, inaccessible mezzanines are permitted under certain
conditions. ADAAG contains requirements for counters and bars,
access aisles, food service lines, tableware and condiment areas,
raised speaker's platforms, and vending machine areas (but not
controls).

111-7.8300 Medical care facilities {ADAAG §6). In medical care
facilities, all public and common use areas must be accessible. In
general purpose hospitals, and in psychiatric and detoxification facilities,
10 percent of patient bedrooms and toilets must be accessible. The
required percentage is 100 percent for special facilities treating
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facilities and
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nursing homes. There are special, less stringent n V
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alterations.
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111-7.8400 Business rczew arch {ADAAG §7).
and mercantile
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and service counters with cash registers: At least

one of each type of sales or service counter where a cash
register is located must be accessible. Accessible counters
must be dispersed throughout the facility. Auxiliary counters
are permissible in alterations.

Are frozen food and deli counters covered? No, but
employees should be instructed to bring food items around
to the front of high counters for individuals with disabilities.
What does "one of each type" mean in a store where
computerized check-out permits universal service at any
cash register? The size of the store and the number of floors
will be relevant factors in determining how many counters
need to be accessible.
ILLUSTRATION 1: A small one-story clothing
store has four identical cash register counters,
one in each department. Only one counter need
be accessible, if all items can be purchased
there.
ILLUSTRATION 2: A very narrow but six-story tall
department store has identical cash register
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counters throughout the facility. ADAAG will be
satisfied if there is one accessible counter per
floor at which all purchases can be made.

BUT: If the same six-story department store is a full city
block long, one per floor may not be enough. A reasonable
number should be provided.
2) Other counters: At counters without cash registers, such
as bank teller windows and ticketing counters, three
alternatives are possible:
(a) A portion of the counter may be lowered,
(b) An auxiliary counter may be provided, or
(c) Equivalent facilitation may be provided by
installing a folding shelf on the front of a counter
to provide a work surface for a person using a
wheelchair.
3) Check-out aisles (§7.3): At least one of each design of
check-out aisle must be accessible, and, in some cases,
additional check-out aisles are required to be accessibleC
y LL (i.e.
alleof check, from 20 to 40 percent) depending on the number
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out aisles and the size of the facility. There 5 20 stringent
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standards for alterations.i v. DC
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a{ADAAG §8). hi libraries, all public areas must
111-7.8500 Libraries
In
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be accessible. In 15N

(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.

111-7.8600 Transient lodging {ADAAG §9).
1) Hotels, motels, dormitories, and similar places: Four
percent of the first 100 rooms and approximately two percent
of rooms in excess of 100 must be accessible to persons
with mobility impairments and to persons with hearing
impairments (i.e. , contain visual alarms, visual notification
devices, volume-control telephones, and an accessible
electrical outlet for a text telephone). In hotels with more
than 50 rooms, an additional one percent of the rooms must
be accessible rooms equipped with roll-in showers.
Moreover, additional rooms must be accessible to persons
with hearing impairments in the same percentages as above
(i.e. , four percent of the first 100 rooms and approximately
two percent of rooms in excess of 100). There are special
provisions for alterations.
2) Homeless shelters, halfway houses, and other social
service establishments: These entities must provide the
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same percentage of accessible sleeping accommodations
as other places of transient lodging. At least one type of
amenity in each common area must be accessible.
Alterations are subject to less stringent standards.

111-7.8700 Transportation facilities (ADAAG §10). ADAAG provides
requirements for bus stops and terminals, rail stations, and airports.
These requirements have been incorporated by the Department of
Transportation in its regulations implementing the transportation
provisions of titles II and 111.
There are currently no standards for boats or ferry docks.

111-8.0000 ENFORCEMENT
Regulatory references: 28 CFR 36.501-36.508.

111-8.1000 General. The ADA establishes two avenues for enforcement
of the requirements of title Ill -1) Private suits by individuals who are being subjected to
discrimination or who have reasonable grounds for believing
that they are about to be subjected to discrimination.

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2) Suits by the Department of Justice, whenever litehas
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Do State or local civil rights agencies have any role in enforcing title Ill?
There is no provision for State or local civil rights agencies to directly
enforce title Ill of the ADA. They can, however, enforce State or local
laws that incorporate the standards of the ADA, or they can set up
alternative dispute resolution mechanisms (see 111-8.6000).

111-8.2000 Private suits. Any person who is being subjected to
discrimination on the basis of disability in violation of title Ill of the Act
may file a civil action for injunctive relief. Also, when a person has
reasonable grounds for believing that he or she is "about to be
subjected to discrimination" because of a violation of the new
construction and alterations requirements of the ADA, he or she may file
a civil action.
ILLUSTRATION: X has reasonable grounds for believing that
the plans for a hotel complex are not in compliance with the
ADA. X may file a lawsuit challenging the plans, even though
construction has not begun.
An individual is not required to engage in a futile gesture, if he or she
has notice that a person or organization does not intend to comply with
its obligations under the Act.
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At the request of the plaintiff or defendant, and if the court permits it, the
Department of Justice can intervene in the civil action, if it determines
that the case is of general public importance. The court may also
appoint an attorney for the plaintiff and may permit him or her to
commence the civil action without first paying fees, costs, or security.

Remedies available in a private suit may include a permanent or
temporary injunction, restraining order, or other order, but not
compensatory or punitive money damages or civil penalties. In the case
of violations of the requirements for readily achievable barrier removal
or for accessible new construction and alterations, remedies to correct a
violation may, as appropriate, include an order to alter the facilities that
do not meet the requirements of the Act to make them readily
accessible to and usable by individuals with disabilities. Also, the
remedies may include requiring the provision of an auxiliary aid or
service, modification of a policy, or provision of alternative methods of
barrier removal.

111-8.3000 Investigations and compliance reviews. The Department of
Justice will investigate alleged violations of title Ill and undertake
periodic reviews of compliance of covered entities. An investigation may
be requested by any individual who believes that he or she has been
discriminated against or that a specific class of persons has LC
been
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discriminated against in violation of title Ill. Where the ll
Va Department has
reason to believe that there may be a violation,ion
initiate
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compliance review.
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cbe sent to the following address:
Complaints Kar
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No.
Office on the Americans with Disabilities Act

Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-9998

111-8.4000 Suit by the Attorney General. The Department may bring a
civil action in any appropriate United States district court if it has
reasonable cause to believe that 1) Any person or group of persons is engaged in a pattern or
practice of discrimination in violation of title Ill; or
2) Any person or group of persons has been discriminated
against in violation of title Ill and the discrimination raises an
issue of general public importance.
What remedies are available in civil actions brought by the Department
of Justice? The remedies available include those available in an action
brought by an individual, such as an order granting temporary,
preliminary, or permanent relief; requiring that facilities be made readily
accessible to and usable by individuals with disabilities; requiring

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provision of an auxiliary aid or service; or modification of a policy,
practice, or procedure.

In addition, in a suit brought by the Department, the court may award
other appropriate relief, including, if requested by the Department,
monetary damages to individual victims of discrimination. Monetary
damages do not include punitive damages. They do include, however,
all forms of compensatory damages, including out-of-pocket expenses
and damages for pain and suffering.
Also, to vindicate the public interest, the court may assess a civil
penalty against the covered entity in an amount 1) Not exceeding $50,000 for a first violation; and
2) Not exceeding $100,000 for any subsequent violation.
How will violations be counted in determining whether a particular
violation is "first" or "subsequent"? All violations found in the first suit
against a covered entity are considered to be the first violation, so that
the maximum penalty that may be assessed in that suit is $50,000. A
"subsequent" violation would not be found until the Department brought
a second suit against the same covered entity. The maximum penalty in
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each suit after the first suit is $100,000.
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Will good faith efforts be considered inH Miss
determining 5, 2amount of civil
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penalty? Yes. In considering what amounton civil penalty, if any, is
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appropriate, the courtczew
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K the coveredaentity to comply with its obligations
3
effort or attempt by
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under the
No.

faith is whether the entity could have reasonably anticipated the need
for an appropriate type of auxiliary aid needed to accommodate the
unique needs of a particular individual with a disability.

111-8.5000 Attorney's fees. The prevailing party (other than the United
States) in any action or administrative proceeding under the Act may
recover attorney's fees in addition to any other relief granted. The
"prevailing party" is the party that is successful and may be either the
complainant (plaintiff) or the covered entity against which the action is
brought (defendant). The defendant, however, may not recover
attorney's fees unless the court finds that the plaintiff's action was
frivolous, unreasonable, or without foundation, although it does not have
to find that the action was brought in subjective bad faith. Attorney's
fees include litigation expenses, such as expert witness fees, travel
expenses, and costs. The United States is liable for attorney's fees in
the same manner as any other party, but is not entitled to them when it
is the prevailing party.

111-8.6000 Alternative means of dispute resolution. The ADA
encourages the use of alternative means of dispute resolution, including
settlement negotiations, conciliation, facilitation, mediation, factfinding,
minitrials, and arbitration to resolve disputes, where appropriate and to
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the extent authorized by law. In appropriate cases, these types of
procedures may be faster, more efficient, and less expensive than the
judicial and administrative procedures available under the ADA.
Alternative means of dispute resolution, however, are intended to
supplement the procedures provided in the ADA, not to replace them.
Use of alternative procedures is completely voluntary and must be
agreed to by the parties involved.

111-8.7000 Technical assistance. The ADA recognizes the necessity of
educating the public about its rights and responsibilities under the Act
and requires the Department of Justice, in consultation with other
agencies, to provide technical assistance to assist covered entities and
individuals with disabilities in understanding their rights and
responsibilities under the ADA.
The Federal Government's experience in implementing section 504 of
the Rehabilitation Act of 1973, as amended, has demonstrated that a
publicized, readily available, comprehensive technical assistance
program responsive to the problems and needs of its audience offers
many advantages. Technical assistance that is designed to meet the
needs of individuals with disabilities, covered entities, and the general
public reduces misunderstandings regarding rights and responsibilities,
facilitates voluntary compliance, and promotes the exchangeLC
of
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information and the development of more effective andl less
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methods to address compliance issues. It also iavoids 2017
s on an unnecessary
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Technical assistancer includes the provision of expert advice, and both
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general cit specific information
and
No.
disabilities, the general public, and entities covered by the ADA. The

purposes of this technical assistance are two-fold: to inform the public
(including individuals with rights protected under the Act) and covered
entities about their rights and duties; and to provide information about
cost-effective methods and procedures to achieve compliance.
The Department plans to provide technical assistance through
publications, exhibits, videotapes and audiotapes, and public service
announcements. It has developed a number of nontechnical
publications, including this manual, explaining the requirements of the
Act, and has established a Speakers Bureau to provide speakers for
events such as conferences, workshops, and training programs. It is
also operating a telephone information line to respond to inquiries and
requests for publications and to provide advice to individuals about
specific problems. The Department also engages in a variety of
clearinghouse functions and operates an electronic bulletin board to
distribute information.
The Department has awarded over $3,000,000 in technical assistance
grants to 19 organizations to disseminate technical assistance to
specific audiences. They include national associations of covered
entities, such as restaurants, hotels and motels; and associations of
individuals with disabilities representing individuals with speech,
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hearing, and vision impairments, mobility impairments, mental
retardation, and epilepsy. Many of these organizations have also
established telephone information lines to respond to inquiries and are
producing publications and providing training directed to their specific
audiences. The Architectural and Transportation Barriers Compliance
Board (800-USA-ABLE [voice or TDD]), which was responsible for
development of ADAAG, and the Equal Employment Opportunity
Commission (800-669-EEOC [voice]; 800-800-3302 [TDD]) have also
established telephone information services. In addition, the National
Institute on Disability and Rehabilitation Research has established ten
Regional Disability and Business Accommodation Centers to serve as
regional resources for ADA information.

The agencies involved in providing ADA technical assistance are
making, and will continue to make, a sustained effort to ensure that
effective technical assistance is available to all covered entities.
Nevertheless, covered entities retain responsibility for ensuring that
their activities comply with the requirements of the Act, and a public
accommodation or other private entity is not excused from compliance
because of any failure to receive technical assistance.

111-8.8000 Effective date. The ADA requirements became effective on --

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2) August 26, 1990, for purchaseH M
or lease of 5, 2
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New facilities designed5and constructed for first occupancy later than
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January 26, 1993, must be accessible.
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1) January 26, 1992, generally;

Is there any grace period for small business? No. All businesses must
comply by January 26, 1992. Small businesses, however, do enjoy
limited protection from lawsuits. Except with respect to new construction
and alterations, no lawsuit may be filed until 1) July 26, 1992, against businesses with 25 or fewer
employees and gross receipts of $1 million or less.
2) January 26, 1993, against businesses with ten or fewer
employees and gross receipts of $500,000 or less.

111-9.0000 CERTIFICATION
Regulatory references: 28 CFR 36.601-36.608.

111-9.1000 General. The ADA authorizes the Attorney General to certify
that State laws, local building codes, or similar ordinances meet or
exceed the title Ill accessibility requirements. Certification is
advantageous for the following reasons -1) When an entity is designing, constructing, or altering a
building in accordance with an applicable State or local code
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that has been certified by the Department, the designer or
contractor will need to consult only that one code, in order to
determine the applicable Federal, State, and local
requirements.

2) The covered entity will have some degree of assurance in
advance of construction or alteration that the ADA
requirements will be met.
3) If a covered entity is subject to a lawsuit, compliance with
a certified code will be rebuttable evidence of compliance
with the ADA.
4) A State or local agency enforcing a certified code is for
practical, but not legal, purposes facilitating compliance with
the ADA and helping to eliminate confusion and possible
inconsistencies in standards.
5) The amount of unnecessary litigation can be reduced,
particularly if a State or local code agency has an
administrative method of effectively handling complaints
concerning violations of its code.
Does this mean that if an architectural firm follows a certifiedLC or
State
lley L
local code, it will be safe from any Federal lawsuitsVa
because the State
sion No, but
17
or local government will be implementing Mis ADA?5, 20 the firm will
the
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be less likely to face a lawsuit;i andD it is sued, u has the advantage of
sk v ifved on it
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rebuttable evidence of ze
Karc compliance. Keep in mind that State and local
3 arc
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63
agencies iare not authorized to enforce the ADA -- which is a Federal
c ted o. 15-55
civil rights statute - on behalf of the Federal government. This is true
N
even when those agencies are implementing a certified code.
Moreover, the existence of a certified code does not ensure that
facilities will be constructed in accordance with the code. In addition,
even if a building is built to a certified code, that does not prevent a
lawsuit concerning the building's accessibility by the Department or by
an individual.
111-9.2000 Relationship to State and local enforcement efforts. There
are tens of thousands of code jurisdictions in the United States that
enforce some combination of State and local building codes. Some, but
not all, of these include accessibility requirements. Although many are
based on a model code, there are major variations among the State
codes, and among local codes within some States. Design and
construction to these codes will not constitute compliance with the ADA,
unless the codes impose requirements equal to or greater than those of
the ADA.

The enforcement of these codes is the responsibility of State or local
officials. They usually review building plans and inspect projects at
specific intervals during construction to ensure that the construction

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complies with State and local laws. State and local officials do not have
the authority to enforce the ADA on behalf of the Federal government.

Architects, builders, and others involved with design and construction
are accustomed to the State and local enforcement system, which lets
them know before construction whether they need to make changes to
their plans in order to achieve compliance. The ADA relies on the
traditional method of case-by-case civil rights enforcement in response
to complaints. It does not contemplate Federal ADA inspections similar
to those done at the State or local level. The ADA certification
provisions will help to moderate the effects of these differences in
enforcement procedures and standards.
If a building has been designed, built, or altered in accordance with a
certified code, and a lawsuit concerning violation of the ADA standards
is brought, the defendant will be able to point to compliance with the
certified code as "rebuttable evidence" of compliance with the ADA.
ILLUSTRATION: The JKL Hotel chain builds hotels to a
standard plan throughout the United States. The State of C
has had its code certified by the Department, and JKL has
designed a hotel, according to its standard plan, to be built in
that State. The State has approved the plans, with no
LLC
waivers or modifications. If the Department bringseylawsuit
all a
V JKL has
challenging the hotel's compliance with sion
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advantage of being able to introduce the uly 5,
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evidence that the design icomplies on
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have a code with accessibility requirements, would also
cit
15No.
have that advantage because the hotel was designed in
compliance with a certified code.
If a builder follows a State's certified code, and the building official
grants a waiver of certain requirements, does that mean the waiver is
good for ADA purposes too? No. State or local officials have no
authority to waive ADA requirements. Many State or local codes allow
the building official to grant waivers, variances, or other types of
exceptions (e.g. , in cases of "undue hardship," "impossibility," or
"impracticability"). They may also allow compliance by means other than
those required by the code if "equivalent facilitation" is provided.
The ADA standards also include some exceptions (e.g., for structural
impracticability in new construction) and allow for equivalent facilitation.
But no individual is authorized under the ADA to grant the exceptions in
advance; and the defendant in a lawsuit would have to justify the use of
any of those ADA exceptions.
The Department would not refuse to certify a code merely because it
includes authority for or procedures for waivers and variances. A
defendant, however, would not be entitled to rely on certification as
rebuttable evidence of compliance, if a local or State official had granted
a waiver or other type of exception on the point at issue.
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111-9.3000 Procedure: Application and preliminary review. The
certification process begins with an application to the Department by a
"submitting official. " The submitting official is one who has principal
responsibility for administration of a code or who is authorized to submit
a code on behalf of a jurisdiction.

In some States, the local jurisdictions are required to follow and enforce
the State code. Can the State submit a single application on behalf of
the State as well as on behalf of all the local jurisdictions? Yes, the
State can submit one application on behalf of the State and on behalf of
any local jurisdiction that has authorized the State to do so.
What does the State or local agency have to do before it applies for
certification? Four things are required:
1) The code or law must have been formally approved by the
issuing body. In those States where an administrative
agency (rather than the legislature) is charged with
developing a code, and it becomes law on a certain date if it
is not modified by the legislature before that time, the
Department will accept an application based on the code as
approved by the agency.

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record (that is, a transcript of the hearing must be produced).
This procedure ensures input from the public at the State or
local level.
4) The agency has to make the materials and the
certification request available for public examination and
copying.

What should the application include? The submitting official must
include two copies of 1) The code;
2) Standards or other documents referenced in the code;
3) The law creating the agency;
4) Any relevant manuals, guides, or other interpretive
information;
5) Any formal legal opinions that pertain to the code;

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6) Any model code or statute on which the code is based,
along with an explanation of any differences between the
model and the code being submitted for certification;

7) The transcript of the public hearing; and

8) Any other information that the submitting official wants to
be considered.
111-9.4000 Preliminary determination. After receiving the application,
the Office of the Assistant Attorney General for Civil Rights will
determine whether or not to begin considering the application for
certification. If the Assistant Attorney General's office decides to
proceed, the office will consult with the Architectural and Transportation
Barriers Compliance Board. After that consultation, the office will make
a preliminary determination to either --

1) Find that the code is equivalent (make a "preliminary
determination of equivalency"); or
2) Deny certification.
The next step depends on which of these preliminary determinations is
made.
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2) Publish a notice in the Federal Register informing the
public of the preliminary determination and inviting comment
for60 days;
3) Consider the comments, and then hold an informal
hearing in Washington. In many cases, this "hearing" may
consist of a meeting with those who are interested;
4) Consult again with the ATBCB and make a final
determination of equivalency or a final determination to deny
the request for certification.

5) Publish a notice of the final determination in the Federal
Register.
111-9.6000 Procedure following preliminary denial of certification. If
the preliminary determination is to deny certification, then there will be
no hearing.

The Department will notify the submitting official of the preliminary
determination. In the notification, the Department may specify how the

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code could be modified so that it could receive a preliminary
determination of equivalency.

The submitting official will have at least 15 days to submit relevant
material in opposition to the preliminary denial. If no more information is
received, no further action will be taken.
If more information is received, the Department will consider it. The
Department will then make either a final decision to deny certification or
a preliminary determination of equivalency. If at that stage the Assistant
Attorney General makes a preliminary determination of equivalency, the
hearing procedures described in 111-9.5000 will be followed.

111-9. 7000 Effect of certification. Certification will only be effective
concerning those features or elements that are both covered by the
certified code and addressed by the Department's regulations.
ILLUSTRATION: The Department's standards currently do
not include specific provisions concerning children's
facilities. A private elementary school is built to the
specifications of a code certified by the Department.
Certification will not be effective for those features of the
building especially designed to be used by children (e.g. ,
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Will certification apply to the process by which a State or local code is
administered or enforced? No. In other words, the Department will
evaluate and certify only the code itself, not the process by which it is
implemented. This is true even though the Department has certified a
code with provisions concerning waivers, variances, or equivalent
facilitation. Certification of a code with those provisions is not to be
interpreted as an endorsement of actions taken pursuant to those
provisions. The Department's certification of a code is effective only with
respect to the standards in the code; it is not to be interpreted to apply
to a State or local government's application of the code. For example, a
local official's decision that a particular approach constitutes equivalent
facilitation under a local code is not effective for ADA purposes.
Can a code that is consistent with ADAAG be certified if the local
enforcement process allows deviations from ADAAG? Yes. The
Department expects that many jurisdictions will allow slight variations
from a particular code. ADAAG itself permits variations from its
standards in certain limited circumstances. ADAAG includes in §2.2 a
statement allowing departures from particular requirements where
substantially equivalent or greater access and usability is provided.
Several sections specifically allow for alternative methods of providing
equivalent facilitation and, in some cases, provide examples.
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What if a State or local official allows a facility to be constructed or
altered in a manner that does not follow the technical or scoping
provisions of the certified code? If an official either waives an accessible
element or feature or allows a change that does not provide equivalent
facilitation, the fact that the Department has certified the code itself will
not constitute rebuttable evidence that the facility has been constructed
or altered in accordance with the minimum accessibility requirements of
the ADA.

111-9.8000 Certification and barrier removal in existing facilities. The
Department will measure equivalency against subpart D of the title Ill
rule, New Construction and Alterations. The Department will not require
that provisions concerning barrier removal in existing facilities be
included in a code in order for it to be certified.
Will the Department certify a code that includes provisions similar to
those in the Department's title Ill rule concerning removal of barriers in
existing facilities (e.g. , on priorities, portable ramps, seating in
assembly areas)? The Department generally will not review these parts
of a code.

111-9.9000 Review of model codes. The Department will not certify
model codes, but the Department will review models for equivalency
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Standards Institute (ANSI), Building Officials and Code Administrators

(BOCA) International, the Council of American Building Officials (CABO)
and its Board for the Coordination of Model Codes (BCMC), Southern
Building Code Congress International (SBCCI), and the International
Conference of Building Officials (ICBO). The Department wishes to
encourage the continued viability of the consensus and model code
process consistent with the purposes of the ADA.
The model code review process will be informal. The Department will
not necessarily hold a public hearing, but it has the discretion to do so
and to ask for public comment. After the review, the Department may
issue guidance as to whether and in what respects the model code is
consistent with the ADA's requirements.
This guidance will not be binding on any entity or on the Department. It
will assist in evaluations of individual State or local codes; and it may
also serve as a basis for establishing priorities for consideration of
individual codes.
Who can submit a model code for review? It must be submitted by an
authorized representative of the private entity responsible for
developing the code.

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ILLUSTRATION: The ABC model code, which includes both
scoping and technical provisions, is followed by 13 States. It
contains its own unique scoping requirements, with technical
provisions that were developed by XYZ, Inc. , another
private group. An authorized representative of ABC can
submit the ABC code, including the XYZ technical
provisions, for review, even if XYZ has not submitted its
standard to the Department for review.

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