Withdrawn Technical Assistance: Title III Highlights

II. Overview of Requirements

Public accommodations must --

• Provide goods and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity. 

• Eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy the goods and services of a place of public accommodation. 

• Make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration would result in the nature of the goods and services provided. 

• Furnish auxiliary aids when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.

• Remove architectural and structural communication barriers in existing facilities where readily achievable. 

• Provide readily achievable alternative measures when removal of barriers is not readily achievable.

• Provide equivalent transportation services and purchase accessible vehicles in certain circumstances. 

• Maintain accessible features of facilities and equipment.

• Design and construct new facilities and, when undertaking alterations, alter existing facilities in accordance with the Americans with Disabilities Act Accessibility Guidelines issued by the Architectural and Transportation Barriers Compliance Board and incorporated in the final Department of Justice title III regulation.

A public accommodation is not required to provide personal devices such as wheelchairs; individually prescribed devices (e.g., prescription eyeglasses or hearing aids); or services of a personal nature including assistance in eating, toileting, or dressing.

A public accommodation may not discriminate against an individual or entity because of the known disability of a person with whom the individual or entity is known to associate. 

Commercial facilities are only subject to the requirement that new construction and alterations conform to the ADA Accessibility Guidelines. The other requirements applicable to public accommodations listed above do not apply to commercial facilities. 

Private entities offering certain examinations or courses (i.e., those related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes) must offer them in an accessible place and manner or offer alternative accessible arrangements.