42 U.S.C. § 12181 — Definitions

Page 8257 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12181 all 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 12132 of this title and sec- tion 794 of title 29 for an owner, or person in control, of a station governed by subpara- graph (A) or (B) to fail to provide reasonable cooperation to a responsible person with re- spect to such station in that responsible per- son’s efforts to comply with such subpara- graph. An owner, or person in control, of a station shall be liable to a responsible per- son for any failure to provide reasonable co- operation as required by this subparagraph. Failure to receive reasonable cooperation re- quired by this subparagraph shall not be a defense to a claim of discrimination under this chapter. (Pub. L. 101–336, title II, § 242, July 26, 1990, 104 Stat. 347.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e)(2)(C), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 246(b) of Pub. L. 101–336, set out as a note under section 12161 of this title. § 12163. Conformance of accessibility standards Accessibility standards included in regula- tions issued under this subpart shall be con- sistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under section 12204(a) of this title. (Pub. L. 101–336, title II, § 243, July 26, 1990, 104 Stat. 352.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 246(a) of Pub. L. 101–336, set out as a note under section 12161 of this title. § 12164. Regulations Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regula- tions, in an accessible format, necessary for car- rying out this subpart. (Pub. L. 101–336, title II, § 244, July 26, 1990, 104 Stat. 352.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 246(b) of Pub. L. 101–336, set out as a note under section 12161 of this title. § 12165. Interim accessibility requirements (a) Stations If final regulations have not been issued pur- suant to section 12164 of this title, for new con- struction or alterations for which a valid and appropriate State or local building permit is ob- tained prior to the issuance of final regulations under such section, and for which the construc- tion or alteration authorized by such permit be- gins within one year of the receipt of such per- mit 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 issued shall suffice to satisfy the requirement that stations be readily acces- sible to and usable by persons with disabilities as required under section 12162(e) of this title, 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 re- quired under section 12204(a) of this title, com- pliance with such supplemental minimum guide- lines shall be necessary to satisfy the require- ment 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 pur- suant to section 12164 of this title, a person shall be considered to have complied with the require- ments of section 12162(a) through (d) of this title 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 12204(a) of this title) gov- erning accessibility of such cars, to the extent that such laws and regulations are not incon- sistent with this subpart and are in effect at the time such design is substantially completed. (Pub. L. 101–336, title II, § 245, July 26, 1990, 104 Stat. 352.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 246(a) of Pub. L. 101–336, set out as a note under section 12161 of this title. SUBCHAPTER III—PUBLIC ACCOMMODA- TIONS AND SERVICES OPERATED BY PRI- VATE ENTITIES § 12181. Definitions As used in this subchapter: (1) Commerce The term ‘‘commerce’’ means travel, trade, traffic, commerce, transportation, or commu- nication— (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. Page 8258 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12181 1 See References in Text note below. (2) Commercial facilities The term ‘‘commercial facilities’’ means fa- cilities— (A) that are intended for nonresidential use; and (B) whose operations will affect commerce. Such term shall not include railroad loco- motives, railroad freight cars, railroad ca- booses, railroad cars described in section 12162 of this title or covered under this subchapter, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 1 (42 U.S.C. 3601 et seq.). (3) Demand responsive system The term ‘‘demand responsive system’’ means any system of providing transportation of individuals by a vehicle, other than a sys- tem which is a fixed route system. (4) Fixed route system The term ‘‘fixed route system’’ means a sys- tem 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 sec- tion 12131(1) of this title). (7) Public accommodation The following private entities are considered public accommodations for purposes of this subchapter, 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 pro- prietor; (B) a restaurant, bar, or other establish- ment serving food or drink; (C) a motion picture house, theater, con- cert hall, stadium, or other place of exhi- bition or entertainment; (D) an auditorium, convention center, lec- ture 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, bar- ber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, of- fice of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other serv- ice 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, un- dergraduate, or postgraduate private school, or other place of education; (K) a day care center, senior citizen cen- ter, homeless shelter, food bank, adoption agency, or other social service center estab- lishment; 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 20102(1) 1 of title 49. (9) Readily achievable The term ‘‘readily achievable’’ means easily accomplishable and able to be carried out without much difficulty or expense. In deter- mining whether an action is readily achiev- able, factors to be considered include— (A) the nature and cost of the action need- ed under this chapter; (B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such fa- cility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility; (C) the overall financial resources of the covered entity; the overall size of the busi- ness of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (D) the type of operation or operations of the covered entity, including the composi- tion, structure, and functions of the work- force of such entity; the geographic sepa- rateness, administrative or fiscal relation- ship 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 12162 of this title or cov- ered under this subchapter. (Pub. L. 101–336, title III, § 301, July 26, 1990, 104 Stat. 353.) Editorial Notes REFERENCES IN TEXT The Fair Housing Act of 1968, referred to in par. (2), probably means the Fair Housing Act, title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I of chapter 45 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. Section 20102(1) of title 49, referred to in par. (8), was redesignated section 20102(2) and a new section 20102(1) Page 8259 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12182 was added by Pub. L. 110–432, div. A, § 2(b)(1), (2), Oct. 16, 2008, 122 Stat. 4850. This chapter, referred to in par. (9)(A), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. CODIFICATION In par. (8), ‘‘section 20102(1) of title 49’’ substituted for ‘‘section 202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e))’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–336, title III, § 310, July 26, 1990, 104 Stat. 365, provided that: ‘‘(a) GENERAL RULE.—Except as provided in sub- sections (b) and (c), this title [enacting this sub- chapter] shall become effective 18 months after the date of the enactment of this Act [July 26, 1990]. ‘‘(b) CIVIL ACTIONS.—Except for any civil action brought for a violation of section 303 [section 12183 of this title], no civil action shall be brought for any act or omission described in section 302 [section 12182 of this title] which occurs— ‘‘(1) during the first 6 months after the effective date, against businesses that employ 25 or fewer em- ployees and have gross receipts of $1,000,000 or less; and ‘‘(2) during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less. ‘‘(c) EXCEPTION.—Sections 302(a) [section 12182(a) of this title] for purposes of section 302(b)(2)(B) and (C) only, 304(a) [section 12184(a) of this title] for purposes of section 304(b)(3) only, 304(b)(3), 305 [section 12185 of this title], and 306 [section 12186 of this title] shall take ef- fect on the date of the enactment of this Act [July 26, 1990].’’ § 12182. Prohibition of discrimination by public accommodations (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 per- son 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 arrange- ments, 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 arrange- ments 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 arrange- ments with a good, service, facility, privi- lege, 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, privilege, advantage, or accommo- dation, or other opportunity that is as ef- fective as that provided to others. (iv) Individual or class of individuals For purposes of clauses (i) through (iii) of this subparagraph, the term ‘‘individual or class of individuals’’ refers to the cli- ents or customers of the covered public ac- commodation that enters into the contrac- tual, licensing or other arrangement. (B) Integrated settings Goods, services, facilities, privileges, ad- vantages, and accommodations shall be af- forded to an individual with a disability in the most integrated setting appropriate to the needs of the individual. (C) Opportunity to participate Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an indi- vidual with a disability shall not be denied the opportunity to participate in such pro- grams or activities that are not separate or different. (D) Administrative methods An individual or entity shall not, directly or through contractual or other arrange- ments, utilize standards or criteria or meth- ods of administration— (i) that have the effect of discriminating on the basis of disability; or (ii) that perpetuate the discrimination of others who are subject to common admin- istrative control. (E) Association It shall be discriminatory to exclude or otherwise deny equal goods, services, facili- ties, privileges, advantages, accommoda- tions, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or as- sociation. (2) Specific prohibitions (A) Discrimination For purposes of subsection (a), discrimina- tion includes—