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ADA Title III – Full Core Provisions (Statutes + Regulations)
Title III of the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12181–12189 & 28 CFR Part 36) Title III makes it illegal for private businesses and other public accommodations (restaurants, stores, hotels, gyms, doctors’ offices, theaters, etc.) to discriminate against people with disabilities. Businesses must: Allow service animals in all public areas (no proof, vests, or extra questions beyond the two allowed) Remove architectural barriers when easy & low-cost (ramps, wide doors, accessible counters, parking signs, etc.) Provide auxiliary aids for effective communication (interpreters, captions, large print, accessible websites) Make reasonable modifications to policies, practices, and procedures Maintain accessible features in working order and designate a responsible employee for compliance Violations can be enforced through private lawsuits (for injunctions + attorney’s fees) or Department of Justice action (civil penalties up to $100,000+ for repeat offenders).
1. Who Must Comply? – Scope & Key Definitions
42 U.S.C. § 12181 – Definitions (the foundation of coverage)
Purpose: Defines which businesses are “public accommodations” and what “readily achievable” means.
Covers: 12 categories — hotels, restaurants, stores, theaters, banks, doctors’ offices, gyms, private schools, child care centers, etc. (if they affect commerce). Excludes religious organizations and private clubs.
Practical takeaway: Most customer-facing private businesses in the U.S. are covered — even small ones. A local café or nail salon must follow the same basic rules as a big chain.
Read § 1218128 CFR § 36.104 – Detailed regulatory definitions
Purpose: Clarifies critical terms, especially “service animal” and “disability.”
Covers: Service animal = dog (or miniature horse) individually trained to perform tasks directly related to the person’s disability. Emotional support / therapy animals do not qualify.
Practical takeaway: Businesses cannot demand vests, ID cards, or certification. They also cannot treat a psychiatric service dog differently from a guide dog.
Read § 36.1042. No Discrimination Allowed – The Heart of Title III
42 U.S.C. § 12182 – Prohibition of discrimination by public accommodations
Purpose: The main rule: disabled individuals must have full and equal enjoyment of goods, services, facilities, privileges, advantages, and accommodations.
Covers: No denial of participation, no unequal benefits, no unnecessary segregation, reasonable policy modifications, auxiliary aids, barrier removal when readily achievable.
Practical takeaway: A restaurant cannot force a service animal handler to sit in a corner or outdoors. A theater cannot refuse to sell tickets because someone uses a wheelchair.
Read § 121823. Service Animals – Where They Must Be Allowed & Staff Limits
28 CFR § 36.302(c) – Service animals (the most cited rule)
Purpose: Guarantees access for trained service animals and strictly limits what staff can ask or do.
Covers: Must allow in all public areas; only two questions permitted: (1) Is this a service animal required because of a disability? (2) What work/task has the animal been trained to perform? No proof, vest, or demo required. Animal must be leashed/harnessed unless it interferes with the task.
Practical takeaway: A store employee saying “no dogs allowed” or “show me papers” is breaking the law. If the dog is aggressive or not housebroken, it can be removed — but the handler still gets service.
Read § 36.302(c)4. Physical Barriers – Existing Facilities & New Construction
28 CFR § 36.304 – Removal of barriers in existing facilities
Purpose: Requires removal of architectural/communication barriers when “readily achievable” (easy & low-cost relative to resources).
Covers: Ramps, curb cuts, wider doors, lowered counters, accessible parking signs, repositioned shelves, etc.
Practical takeaway: A one-step entrance should get a portable ramp or bevel. If not feasible, alternative service (curbside pickup) must be offered until removal is possible.
Read § 36.30442 U.S.C. § 12183 + 28 CFR §§ 36.401–406 – New construction & alterations
Purpose: Ensures new buildings and major renovations are accessible from the beginning (ADA Accessibility Guidelines / Appendix A).
Covers: Full compliance for new builds; alterations must improve accessibility unless cost disproportionate (generally >20% of project).
Practical takeaway: New restaurants, offices, and retail spaces must have accessible entrances, restrooms, parking, counters, and paths of travel.
Read §§ 36.401–4065. Effective Communication – Interpreters, Captions, Large Print, etc.
28 CFR § 36.303 – Auxiliary aids and services
Purpose: Ensures people with hearing, vision, or speech disabilities can understand and be understood.
Covers: Qualified interpreters, real-time captioning, large print/Braille materials, accessible websites; preference given to requested method unless undue burden.
Practical takeaway: A doctor’s office must provide a sign-language interpreter (free) for a deaf patient. A lecture hall must offer captioning if requested.
Read § 36.3036. Keeping Things Accessible – Maintenance & Designated Responsible Employee
28 CFR § 36.211 – Maintenance of accessible features & responsible employee
Purpose: Requires ongoing upkeep of accessible elements and clear accountability.
Covers: Features (elevators, ramps, grab bars, alarms) must stay operable; at least one employee must be designated to oversee compliance and receive complaints.
Practical takeaway: A broken accessible door or elevator must be repaired quickly. Customers should know who to contact about access issues (even if it’s just the manager).
Read § 36.2117. When Exclusion Is Allowed – Direct Threat Only
28 CFR § 36.208 – Direct threat
Purpose: Protects against unfounded exclusions while allowing genuine safety-based removals.
Covers: Exclusion permitted only if there is a significant risk to health/safety that cannot be eliminated or reduced by reasonable modifications — must be based on current, objective evidence (not assumptions).
Practical takeaway: A service dog that bites repeatedly can be excluded, but one that is simply “big” or “scary-looking” cannot. Businesses must document the actual threat.
Read § 36.2088. How Violations Are Enforced – Private Suits & DOJ Action
42 U.S.C. § 12188 – Enforcement
Purpose: Provides the legal teeth — private lawsuits and federal penalties.
Covers: Individuals can sue for injunctions (force compliance) + attorney’s fees/costs; DOJ can investigate and seek civil penalties (up to $100,000+ for repeat violations).
Practical takeaway: A repeated refusal to allow a service animal can lead to a lawsuit seeking a court order and legal fees reimbursement — strong incentive for compliance.
Read § 1218828 CFR §§ 36.501–36.508 – Enforcement procedures & remedies
Purpose: Details how complaints are handled and penalties imposed.
Covers: DOJ complaint process, compliance reviews, mediation, civil actions, state certification of equivalent codes.
Practical takeaway: Multiple complaints can trigger DOJ investigation and fines — many businesses fix issues quickly after the first report.
Read §§ 36.501–508
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