ADA Compliance Process by Evan Terry Associates

DEFINITIONS

Disability – (a) A physical or mental impairment that substantially limits one or more of the major life activities of an individual; (b) A record of such impairment; or (c) Being regarded as having an impairment.

Facility – all or any portion of buildings, structures, sites, complexes, rolling stock or other conveyances, equipment, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure or equipment is located. Includes both indoor and outdoor areas where human-constructed improvements, structures, equipment or property has been added to the natural environment. Includes temporary facilities, excluding construction sites.

Place of Public Accommodation – a facility operated by a private entity falling within at least one of these 12 categories: (a) an inn, hotel, motel, or other place of lodging except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (b) a restaurant, bar or other establishment serving food or drink; (c) a motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment; (d) an auditorium, convention center, lecture hall or other place of public gathering; (e) a bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment; (f) a Laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a healthcare provider, hospital, or other service establishment; (g) a terminal depot or other station used for specified public transportation; (h) a museum, library, gallery, or other place of public display or collection; (i) a park, zoo, amusement park or other place of recreation; (j) a nursery, elementary, secondary, undergraduate, or post graduate private school or other place of education; (k) a day care center, senior citizen's center, homeless shelter, food bank, adoption agency or other social service center establishment; (l) a gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation.

Commercial Facilities – facilities that are intended for non-residential use by a private entity whose operations will affect commerce.

Readily Achievable – the limitation on a public accommodation for the removal of architectural and communication barriers. It means easily accomplishable and able to be carried out without much difficulty or expense. What is readily achievable for a large, profitable company may not be readily achievable for an economically marginal company.

Undue Burden – means significant difficulty or expense and along with "fundamental alteration" establishes the limitation on a public accommodation with regard to the provision of auxiliary aids and services so as not to discriminate against persons with disabilities.

Public Entity – (A) any State or local government; (B) any department, agency, special purpose district, or other instrumentality of a State or States or local government, and (C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).