PUBLIC LAW 101-336-JULY 26, 1990 (A) FAILURE TO MAKE READILY ACCESSIBLE. (i) GENERAL RULE.-It shall be considered discrimina- (I) INTERCITY RAIL.-All stations in the intercity (II) COMMUTER RAIL.-Key stations in commuter (iv) PLANS AND MILESTONES.-The Secretary of (B) REQUIREMENT WHEN MAKING ALTERATIONS. (i) GENERAL RULE.-It shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to alterations of an existing station or part thereof in the intercity or commuter rail transportation systems that affect or could affect the usability of the station or part thereof, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the 104 STAT. 351 36-871-91 - 2 104 STAT. 352 42 USC 12163. 42 USC 12164. 42 USC 12165. PUBLIC LAW 101-336-JULY 26, 1990 maximum extent feasible, the altered portions of the station are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations. (ii) ALTERATIONS TO A PRIMARY FUNCTION AREA.-It shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), with respect to alterations that affect or could affect the usability of or access to an area of the station containing a primary function, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General). (C) REQUIRED COOPERATION.-It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for an owner, or person in control, of a station governed by subparagraph (A) or (B) to fail to provide reasonable cooperation to a responsible person with respect to such station in that responsible person's efforts to comply with such subparagraph. An owner, or person in control, of a station shall be liable to a responsible person for any failure to provide reasonable cooperation as required by this subparagraph. Failure to receive reasonable cooperation required by this subparagraph shall not be a defense to a claim of discrimination under this Act. SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS. Accessibility standards included in regulations issued under this part shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under section 504(a) of this Act. SEC. 244. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part. SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS. (a) STATIONS.-If final regulations have not been issued pursuant to section 244, for new 'construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is PUBLIC LAW 101-336-JULY 26, 1990 issued shall suffice to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities as required under section 242(e), except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. (b) RAIL PASSENGER CARS.-If final regulations have not been issued pursuant to section 244, a person shall be considered to have complied with the requirements of section 242 (a) through (d) that a rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under section 504(a) of this Act) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent with this part and are in effect at the time such design is substantially completed. SEC. 246. EFFECTIVE DATE. (a) GENERAL RULE.-Except as provided in subsection (b), this part shall become effective 18 months after the date of enactment of this Act. (b) EXCEPTION.-Sections 242 and 244 shall become effective on the date of enactment of this Act. TITLE III-PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES SEC. 301. DEFINITIONS. As used in this title: (1) COMMERCE.-The term "commerce" means travel, trade, traffic, commerce, transportation, or communication (A) among the several States; (B) between any foreign country or any territory or possession and any State; or (C) between points in the same State but through another State or foreign country. (2) COMMERCIAL FACILITIES.-The term "commercial facilities" means facilities (A) that are intended for nonresidential use; and Such term shall not include railroad locomotives, railroad 104 STAT. 353 42 USC 12161 note. 42 USC 12181. 104 STAT. 354 PUBLIC LAW 101-336-JULY 26, 1990 (4) FIXED ROUTE SYSTEM.-The term "fixed route system" means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule. (5) OVER-THE-ROAD BUS.-The term "over-the-road bus" means a bus characterized by an elevated passenger deck located over a baggage compartment. (6) PRIVATE ENTITY.-The term "private entity" means any entity other than a public entity (as defined in section 201(1)). (7) PUBLIC ACCOMMODATION.-The following private entities are considered public accommodations for purposes of this title, if the operations of such entities affect commerce (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 health care 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 postgraduate private school, or other place of education; (K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and (L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation. (8) RAIL AND RAILROAD.-The terms "rail" and "railroad" have the meaning given the term "railroad" in section 202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)). (9) READILY ACHIEVABLE.-The term "readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include (A) the nature and cost of the action needed under this Act; (B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the PUBLIC LAW 101-336-JULY 26, 1990 impact otherwise of such action upon the operation of the (C) the overall financial resources of the covered entity; (D) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity. (10) SPECIFIED PUBLIC TRANSPORTATION.-The term "specified public transportation" means transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis. (11) VEHICLE.-The term "vehicle" does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in section 242 or covered under this title. 104 STAT. 355 SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODA- 42 USC 12182. TIONS. (a) GENERAL RULE.-No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. (b) CONSTRUCTION.— (1) GENERAL PROHIBITION.— (A) ACTIVITIES. (i) DENIAL OF PARTICIPATION.-It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity. (ii) PARTICIPATION IN UNEQUAL BENEFIT.-It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals. (iii) SEPARATE BENEFIT.-It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privi |