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with disabilities. A place of public accommodation that is prohibited by federal law from discriminating against people because of their race or religion or national origin, is perfectly free to engage in blatant and invidious discrimination against people with disabilities. Indeed, under existing law, there is no federal statute that would prevent a private operator from constructing a new, totally inaccessible public


The ADA seeks to correct this inequity.

It addresses the

two major ways in which discrimination keeps people with

disabilities from making equal use of public accommodations. It prohibits discriminatory practices rulos and attitudinal barriers that bar people with disabilities from participating or participating equally. And, in certain circumstances, it prohibits architectural and communication barriers that can keep people from even getting into a facility.


Title III of the ADA deals with Public Accommodations and

Services Operated by Private Entities" (my references are to the compromise version of the bill as it was passed by the Senate), Under the ADA a public accommodation means any privately operated

establishment that affects commerce and is included in any of the

twelve categories of establishments listed in the bill


of lodging. establishments serving food or drink, places of exhibition or entertainment, places of assembly, retail sales

establishaonts, service establishments, transportation terminals,

places of public display or collection, parks or 2008, schools, social service establishments, and places of exorcise or rocriation (soc, 301(3)). As the Senato Roport aotos (at p. 59). the legislation lists a tow examples in each of those classes and thea, in most cases, adds the phrase "other similar to broaden the coverage to include a wide array of related types (construed liberally) of establishments. In effect, the definition of public accommodation in the ADA includes almost all establishaonts used by the general public as customers, clients, or visitors. The broad definition of public accommodation in the ADA 1. consistent with public accommodation anti-discrimination statutes in effect in some states, and incorporates broad notions of accessibility to the public that are features of the Architectural Barriers Act of 1968 (42 USC 4151).

The definition of public accommodations used in the ADA is not identical to the definition used in Title II of the Civil Rights Act of 1964. Like Title II, the ADA covers hotels, notols, restaurants, cafeterias, theaters, concert halls, sports aronas, stadiums and othor places of exhibition or entertainment. When the 1964 Civil Rights Act was passed, these were the public accomodations which posed pervasive problems of discrimination

to racial ainorities.

As ia Titl. II, the ADA focuses on those

aspects of society which pose problems of discrimination; for people with disabilities, those iaclude, in addition to those establishments covered in Titl. II, others such as doctors:

ofticos, grocery and other retail storos, and parks.


roflects a realistic approach to the problems faced by persons with disabilities as did Title II in 1964 for other minorities.

It simply makes no sense to bar discrimination against people

with disabilities by theaters and not by parks, or by restaurants

but not stores, or by places of entertainment but not in regard

to such critical services as doctors' offices.

It is important to note that Title II has been interpreted to cover entities not specifically mentioned, Org. of Minority

Vendors, Inc. v. Illinois Contral Gult R.R., 579 P. Supp. 574

(D.C. ill. 1983), and that Section 1981 operates to ban many

additional public accommodations from discriminating on the basis

of race and national origin. The approach underlying these developments is an attempt to broaden antidiscrimination coverage to address existing discriminatory practices without being henned in by a narrow construction of the term 'public accommodations."

Likewise, the approach taken in the definition of public

accommodation in ADA 18 to define the term to encompass all those

places in which people with disabilities have been denied or

limited in their access to facilities, services, programs, and

opportunities that are routinely made available to other members

of the goneral public.

Such is surely the 688ence of the words

'public accommodations."

While the definition of public accommodations in the ADA 18

broad, it certainly does not include every new building in the U.S. Private honos, apartments, condominiums, cooperatives, and

other private housing facilities and residences are not included (many multifamily residences are subject to the accessibility requirements of the Fair Housing Amendments Act). Buildings owned by the federal government are not included (these are already subject to accessibility requirements under the Architectural Barriors Act and Section 504). "Buildings owned by state and local governments are not within the definition of public accommodation, but most will be covered by the "public service provisions in Title II. Specifically exempted from the coverage of this Title of the bill are private clubs, and religious organizations and entities controlled by religious organizations (Sec. 307).

Another important concept in regard to the ADA's coverage of places of public accommodation is the term "facility." The Senate Report indicates that the term "facility" should be interpreted to refer to 'all or any portion of buildings, structures, sites, coaplexes, equipment, roads, walks, passageways, parking lots, or other real or personal property or laterest in such property, including the site whore the building, property, structure, or equipment is located" (Id. at p. 67). This definition is based upon the definition of the term 'facility' in Section 504 regulations (45 CFR 84.3(1)), and is sinilar to definitions of this torn in UFAS (3.5) and in the ANSI standards (3.5). (UFAS and ANSI are discussed subsequently la this testimony.)


This definition of the ton facility“ applies to both

indoor areas and all outdoor areas whero human-constructed

improvononts or itons have boon added to the natural environnont. It includes buildings and other erected structuros, as well as

vehiclos, equipment, apparatus, and parkiag lots, walkways,

sidewalks, roadways, and passageways, plus the sitos, arsas, or

settings in which such things are located.


Subsection 302(a) of the bill establishes the general rul.

that makes it illegal to discriaiaato against an individual on

the basis of disability in regard to "the full and equal

enjoyment of the goods, services, facilities, privileges, advantagos, and accommodations of any place of public accommodation." Subsection 302(b)(1) providos five priciples of construction for applying the aondiscriaination mandato. These

include provisions prohibiting: (1) denials of opportunities, unequal opportunities, and unnecessarily separato opportunities; (2) sogrogation; (3) denial of opportunity to particpate in nonseparate opportunity; (4) discrimiaatory standards, criteria, or nothods of administration; and (5) discrimination because of.

association or relationship with a person with a disability.

Subsection 302(b) (2) (a) describes six types of discriminatory acts that are specifically prohibited; those


(1) discriminatory eligibility criteria;

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