Title III Regulations

NOTICE: The title III regulation was modified by the Pool Extension Final Rule, the ADA Amendments Act Final Rule, and the Movie Captioning and Audio Description Final Rule, which can be found in the Title III Regulation Supplement. This document and the supplement should be read together for the most up-to-date regulation. Alternatively, the fully updated regulation is available in html. Americans with Disabilities Act Title III Regulations Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities Department of Justice September 15, 2010 Contents 1 Supplementary Information.....………...……... 1 Revised Final Title III Regulation 2 with Integrated Text........................................ 29 2010 Guidance and 3 Section-by-Section Analysis......................... 65 1991 Preamble and 4 Section-by-Section Analysis....................... 199 i ii Department of Justice Title IIIIII Regulations Regulations Supplementary Information Department of Justice Department of Justice Department of Justice 28 CFR Part 36 DEPARTMENT OF JUSTICE of Justice, at (202) 307–0663 (voice or TTY). This is not a toll-free number. Information may also be 28 CFR Part 36 obtained from the Department’s toll-free ADA In- formation Line at (800) 514–0301 (voice) or (800) [CRT Docket No. 106; AG Order No. 3181– 514–0383 (TTY). 2010] This rule is also available in an accessible for- mat on the ADA Home Page at http://www.ada. RIN 1190–AA44 gov. You may obtain copies of this rule in large print or on computer disk by calling the ADA In- Nondiscrimination on the Basis of formation Line listed above. Disability by Public Accommodations and in Commercial Facilities SUPPLEMENTARY INFORMATION: AGENCY: Department of Justice, Civil The Roles of the Access Board and the Depart- Rights Division. ment of Justice ACTION: Final rule. The Access Board was established by section 502 of the Rehabilitation Act of 1973. 29 U.S.C. SUMMARY: This final rule revises the Depart- 792. The Board consists of 13 public members ment of Justice (Department) regulation that appointed by the President, the majority of whom implements title III of the Americans with Disabil- must be individuals with disabilities, and the ities Act (ADA), relating to nondiscrimination on heads of 12 Federal departments and agencies the basis of disability by public accommodations specified by statute, including the heads of the De- and in commercial facilities. The Department is partment of Justice and the Department of Trans- issuing this final rule in order to adopt enforceable portation (DOT). Originally, the Access Board accessibility standards under the Americans with was established to develop and maintain accessi- Disabilities Act of 1990 (ADA) that are consistent bility guidelines for facilities designed, construct- with the minimum guidelines and requirements is- ed, altered, or leased with Federal dollars under sued by the Architectural and Transportation Bar- the Architectural Barriers Act of 1968 (ABA). 42 riers Compliance Board, and to update or amend U.S.C. 4151 et seq. The passage of the ADA ex- certain provisions of the title III regulation so that panded the Access Board’s responsibilities. they comport with the Department’s legal and The ADA requires the Access Board to ‘‘issue practical experiences in enforcing the ADA since minimum guidelines that shall supplement the 1991. Concurrently with the publication of the existing Minimum Guidelines and Requirements final rule for title III, the Department is publishing for Accessible Design for purposes of subchapters a final rule amending its ADA title II regulation, II and III of this chapter * * * to ensure that build- which covers nondiscrimination on the basis of ings, facilities, rail passenger cars, and vehicles disability in State and local government services. are accessible, in terms of architecture and design, transportation, and communication, to individu- DATES: Effective Date: March 15, 2011. als with disabilities.’’ 42 U.S.C. 12204. The ADA FOR FURTHER INFORMATION requires the Department to issue regulations that CONTACT: include enforceable accessibility standards appli- Janet L. Blizard, Deputy Chief, or Christina Galin- cable to facilities subject to title II or title III that do-Walsh, Attorney Advisor, Disability Rights are consistent with the ‘‘minimum guidelines’’ Section, Civil Rights Division, U.S. Department issued by the Access Board, 42 U.S.C. 12134(c), Department of Justice Department of Justice Supplementary Information- 1 28 CFR Part 36 12186(c), but vests in the Attorney General sole in the business of transporting people (sections responsibility for the promulgation of those stan- 302(b)(2)(B) and (C)) and for private entities that dards that fall within the Department’s jurisdiction are primarily engaged in the business of transport- and enforcement of the regulations. ing people (section 304). See 42 U.S.C. 12182(b), The ADA also requires the Department to de- 12184, 12186(a). Section 306(b) directs the At- velop regulations with respect to existing facilities torney General to promulgate regulations to carry subject to title II (Subtitle A) and title III. How out the provisions of the rest of title III. 42 U.S.C. and to what extent the Access Board’s guidelines 12186(b). are used with respect to the barrier removal re- Title II applies to State and local government quirement applicable to existing facilities under entities, and, in Subtitle A, protects qualified in- title III of the ADA and to the provision of pro- dividuals with disabilities from discrimination gram accessibility under title II of the ADA are on the basis of disability in services, programs, solely within the discretion of the Department. and activities provided by State and local government entities. Title II extends the prohibition on Enactment of the ADA and Issuance of the 1991 discrimination established by section 504 of the Regulations Rehabilitation Act of 1973, as amended, 29 U.S.C. On July 26, 1990, President George H.W. 794 (section 504), to all activities of State and lo- Bush signed into law the ADA, a comprehensive cal governments regardless of whether these enti- civil rights law prohibiting discrimination on the ties receive Federal financial assistance. 42 U.S.C. basis of disability.1 The ADA broadly protects 12131–65. the rights of individuals with disabilities in em- Title III, which this rule addresses, prohibits ployment, access to State and local government discrimination on the basis of disability in the services, places of public accommodation, trans- activities of places of public accommodation portation, and other important areas of American (businesses that are generally open to the public life. The ADA also requires newly designed and and that fall into one of 12 categories listed in the constructed or altered State and local government ADA, such as restaurants, movie theaters, schools, facilities, public accommodations, and commer- day care facilities, recreation facilities, and doc- cial facilities to be readily accessible to and usable tors’ offices) and requires newly constructed or by individuals with disabilities. 42 U.S.C. 12101 altered places of public accommodation—as well et seq. Section 306(a) of the ADA directs the as commercial facilities (privately owned, nonresi- Secretary of Transportation to issue regulations dential facilities such as factories, warehouses, or for demand responsive or fixed route systems office buildings)—to comply with the ADA Stan- operated by private entities not primarily engaged dards. 42 U.S.C. 12181–89. On July 26, 1991, the Department issued rules 1 On September 25, 2008, President George W.Bush signed into law the Americans with Disabilities implementing title II and title III, which are codi- Amendments Act of 2008 (ADA Amendments Act), fied at 28 CFR part 35 (title II) and part 36 (title Public Law 110–325. The ADA Amendments Act III). Appendix A of the 1991 title III regulation, amended the ADA definition of disability to clarify its which is republished as Appendix D to 28 CFR coverage of persons with disabilities and to provide part 36, contains the ADA Standards for Acces- guidance on the application of the definition. This final sible Design (1991 Standards), which were based rule does not contain regulatory language implementing the ADA Amendments Act. The Department intends upon the version of the Americans with Disabili- to publish a supplemental rule to amend the regulatory ties Act Accessibility Guidelines (1991 ADAAG) definition of ‘‘disability’’ to implement the changes published by the Access Board on the same date. mandated by that law. Under the Department’s 1991 title III regulation, 2 - Supplementary Information Department of Justice 28 CFR Part 36 places of public accommodation and commercial codes to consider amendments that would promote facilities currently are required to comply with the further harmonization. In September of 2002, the 1991 Standards with respect to newly constructed Access Board set forth specific guidelines on rec- or altered facilities. reation facilities. 67 FR 56352 (Sept. 3, 2002). The Access Board’s publication of the 2004 By the date of its final publication on ADA/ABA Guidelines was the culmination of a July 23, 2004, the 2004 ADA/ABA Guidelines long-term effort to facilitate ADA compliance by had been the subject of extraordinary review and eliminating, to the extent possible, inconsistencies public participation. The Access Board received among Federal accessibility requirements and be- more than 2,500 comments from individuals tween Federal accessibility requirements and State with disabilities, affected industries, State and lo- and local building codes. In support of this effort, cal governments, and others. The Access Board the Department is amending its regulation imple- provided further opportunity for participation by menting title III and adopting standards consistent holding public hearings. with ADA Chapter 1, ADA Chapter 2, and Chap- The Department was involved extensively in ters 3 through 10 of the 2004 ADA/ABA Guide- the development of the 2004 ADA/ABA Guide- lines.

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