The Americans with Disabilities Act (ADA) is the bedrock of American accessibility legislation. Its various titles outline the rights of differently-abled American citizens. The ADA’s titles also highlight specific instances where discrimination based on disability is illegal. In other words, it ensures no ambiguities about what constitutes a violation of Title III.
However, there have recently been issues around some of the language used in the ADA. Specifically concerning how the ADA defines a “place of public accommodation.” What may seem like a simple phrase has had an influence that we are still attempting to reckon with today.
This piece will clearly explain “places of public accommodation” as defined by the ADA. We will also discuss how this ADA title continues to raise questions within the world of accessibility.
Title III review
Let’s start with a bit of background.
Title III of the Americans with Disabilities Act (ADA) relates to “Nondiscrimination based on Disability by Public Accommodations and in Commercial Facilities.”
To understand this, let's start with some fundamental definitions.
Disability, as defined by the ADA, is “A physical or mental impairment that substantially limits one or more of the major life activities of such individual.” Title III details how in its mandates, it seeks to utilize the broadest possible definition of disability.
The ADA uses such a broad definition because relevant cases should focus on “...whether entities covered under the ADA have complied with their obligations and whether discrimination has occurred, not whether the individual meets the definition of ‘disability.’”
In other words, the ADA wants to ensure that any Title III-related case is based solely on the question of defendant violations, not of plaintiff eligibility.
In the following section, the ADA describes the specifics of Title III’s application. In particular, it describes in what contexts Title III should be applied. It details that Title III applies to any public accommodation, commercial facility, or “Private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes.”
Now that we understand what Title III is intended to cover, let's look at what public accommodations are.
Public accommodation
Before the ADA, the term “place of public accommodation” was used in Title II of The Civil Rights Act of 1964. Naturally, this context forbids discrimination based on race, color, religion, or national origin. ADA Title III expands this philosophy to cover disability-based discrimination.
The official definition of public accommodation, as set forth by ADA Title III, refers to the following, “Place of public accommodation means a facility operated by a private entity whose operations affect commerce….”
In other words, a place of public accommodation is a facility a company or organization uses to conduct business with the public.
The ADA goes on to describe specific examples of what qualifies public accommodation. Such examples include:
- Places of lodging (inns, hotels, or motels)
- Restaurants, bars, or other food/drink establishments
- Places of exhibition or entertainment (movie theaters, concert halls, etc.)
- Convention centers
- Sales Establishments (grocery stores, clothing stores, bakeries, hardware stores, etc.)
- Professional offices of healthcare providers, hospitals, or other service establishments
- Facilities related to public transportation
- Places of public display (museums, galleries)
- Places of recreation (parks, zoos)
- Places of education
- Social service center establishments
- Exercise facilities
Adherence to Title III
Any business location that is counted as part of the above list must take any necessary steps to ensure that it is accessible. The ADA lists several steps for places of accommodation to follow to ensure their adherence.
The ADA guidelines require all facilities built after 1992 to follow the stipulations. Some of these include accessible entrances, accessible routes, means of communication to accommodate all ability levels, and accessible bathrooms.
Some standards must be followed by facilities built before 1992. Places of public accommodation under this category must make necessary alterations to remove any accessibility barriers. These include installing ramps, making curb cuts in sidewalks and entrances, installing flashing alarm lights, and many others.
Exemptions from the definition of "Place of public accommodation"
As extensive of a list as it is, it’s important to remember that some facilities are exempt from Title III obligations.
For example, religious facilities (such as churches, mosques, and synagogues) are not bound by the stipulations of Title III. Neither are private clubs.
Private clubs are also exempt from Title III.
Historical sites are a grey area regarding Title III. The law states that historical sites must make as many alterations as possible without upsetting the site's integrity.
There are also situations where a place of public accommodation may be exempt from Title III due to its obligation to other legislation. Title III provides the following example:
…a quick service restaurant at an airport is, as a public accommodation, subject to the title III requirements, not to the ACAA(Air Carrier Access Act) requirements. Conversely, an air carrier that flies in and out of the same airport is required to comply with the ACAA but is not covered by title III of the ADA.
Enforcement of "place of public accommodation" requirements
Enforcement of Title III rests mainly with the United States Department of Justice. The law outlines scenarios where its policies may require federal enforcement.
One situation described is through private lawsuits. If a consumer deems that a place of public accommodation violates ADA law, the consumer has the right to file suit against the offending entity. Any court receiving such a case may permit the DOJ (via the Attorney General) to intervene to help ensure that the violating defendant may adhere to its obligations.
The Attorney general also has the authority to file suit against an entity for violation. Title III states that this may occur if a business or entity “is engaged in a pattern or practice of discrimination in violation of the Act…”
The obligation of websites
Since the advent of the internet age, there has often been controversy regarding whether a business's website counts as a place of public accommodation. This matter was only recently settled.
In 2016, Guillermo Robles, a resident of California, sued Domino's Pizza due to the inaccessibility of its website. Robles, who is blind, claimed he could not order a pizza from the Domino’s website using his screen reader. As such, Robles argued that Domino’s violated Title III. Domino’s, for their part, argued that their website did not count as a place of public accommodation.
Following six years of litigation that even went to the supreme court, the case was ruled in Robles’ favor.
As a result of this case, it is now understood that websites count as places of public accommodation. As such, businesses must rid their sites of any potential barriers to accessibility. While physical locations must install ramps or elevators, websites must ensure such features as legible text and screen reader compatibility.
To determine how a website should adhere to Title III, check out the Web Content Accessibility Guidelines (WCAG).
Conclusion
Businesses must be aware of their obligations under the ADA. Any company must ensure that consumers of all ability levels can access its places of public accommodation (physical facilities and even websites) consumers of all ability levels can access its places of public accommodation (physical facilities and even websites) consumers of all ability levels can access its places of public accommodation (physical facilities and even websites).
Don’t let your business get caught off guard. Ensure your physical locations meet ADA standards and your website aligns with WCAG.
Comments