30 1 TITLE III-PUBLIC ACCOMMODA TIONS AND SERVICES OPERAT 2 3 ED BY PRIVATE ENTITIES 4 SEC. 301. DEFINITIONS. 5 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 terri tory or possession and any State; or (C) between points in the same State but through another State or foreign country. (2) POTENTIAL PLACES OF EMPLOYMENT.—The term "potential places of employment" means facili ties 9 10 11 12 13 14 15 16 17 18 and 19 20 21 22 23 24 (A) that are intended for nonresidential use; (B) whose operations will affect commerce. Such term shall not include facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 (42 U.S.C. 3601 et seq.). (3) PUBLIC ACCOMMODATION.-The following privately operated entities are considered public accom ●S 933 PP 31 modations for purposes of this title, if the operations of such entities affect commerce (A) an inn, hotel, motel, or other similar place of lodging, except for an establishment lo cated within a building that contains not more than five rooms for rent or hire and that is actual ly 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, or lecture hall; (E) a bakery, grocery store, clothing store, hardware store, shopping center, or other similar retail sales establishment; (F) a laundromat, dry-cleaners, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an ac countant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospi tal, or other similar service establishment; (G) a terminal used for public transportation; 08 933 PP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 32 (H) a museum, library, gallery, and other similar place of public display or collection; (I) a park or zoo; (J) a nursery, elementary, secondary, undergraduate, or postgraduate private school; (K) a day care center, senior citizen center, homeless shelter, food bank, adoption program, or other similar social service center; and (L) a gymnasium, health spa, bowling alley, golf course, or other similar place of exercise or recreation. (4) PUBLIC TRANSPORTATION.—The term 15 16 17 18 19 20 "public transportation" means transportation by bus or rail, or by any other conveyance (other than by air travel) that provides the general public with general or special service (including charter service) on a regular and continuing basis. (5) READILY ACHIEVABLE.— (A) IN GENERAL.-The term "readily achievable" means easily accomplishable and able to be carried out without much difficulty or 10 SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC AC 11 12 COMMODATIONS. (a) GENERAL RULE.-No individual shall be discrimi13 nated against on the basis of disability in the full and equal 14 enjoyment of the goods, services, facilities, privileges, advan15 tages, and accommodations of any place of public accommo16 dation. 34 opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, and 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 individ ual 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, and 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, 06 933 PP |