Public Accommodations: Covered Establishments

Statute:

42 U.S.C. § 12182(a) - Prohibition of discrimination by public accommodations - 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.

42 U.S.C. § 12181(7) Public accommodation; See also 28 C.F.R. § 36.104.

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 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.

Case Law:

PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001).

Pro golfer Casey Martin sued the PGA tour under Title III for not allowing him to use a golf cart to accommodate his disability due to its "walking rule"
The Supreme Court ruled the PGA as a public accommodation during its tours and qualifying rounds. The PGA may not discriminate against either spectators or competitors on the basis of disability.

Spector v. Norwegian Cruise Lines Ltd. (June 6, 2005).
Title III of the ADA applied to foreign flagged ships in United States waters to the same extent they applied to American ships unless it interfered with the ship's internal affairs.