(a) General. This part applies to any—
(1) Public accommodation;
(2) Commercial facility; or
(3) Private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes.
(b) Public accommodations. (1) The requirements of this part applicable to public accommodations are set forth in subparts B, C, and D of this part.
(2) The requirements of subparts B and C of this part obligate a public accommodation only with respect to the operations of a place of public accommodation.
(3) The requirements of subpart D of this part obligate a public accommodation only with respect to—
(i) A facility used as, or designed or constructed for use as, a place of public accommodation; or
(ii) A facility used as, or designed and constructed for use as, a commercial facility.
(c) Commercial facilities. The requirements of this part applicable to commercial facilities are set forth in subpart D of this part.
(d) Examinations and courses. The requirements of this part applicable to private entities that offer examinations or courses as specified in paragraph (a) of this section are set forth in § 36.309.
(e) Exemptions and exclusions. This part does not apply to any private club (except to the extent that the facilities of the private club are made available to customers or patrons of a place of public accommodation), or to any religious entity or public entity.
Notes of Decisions
The Regents of the Mercersburg Coll. v. Repub. Franklin Ins. Co., 458 F.3d 159 (3rd Cir. 2006).
“28 C.F.R. § 36.102 (b)(3)(i)-(ii). When a public accommodation or a part of it is altered, the *165 Act requires that alterations be made so that “the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals…”
Dep't of Fair Emp. & Hous. v. Law Sch. Admission Council Inc., 896 F. Supp. 2d 849 (N.D. Cal. 2012).
“"Title III of the ADA prohibits discrimination on the basis of disability by public accommodations, commercial facilities, and private entities that offer examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary…”
Dohmen v. Iowa Dep't for the Blind, 794 N.W.2d 295 (Iowa Ct. App. 2010).
“” 28 C.F.R. 36.102. "Public entity means (1) Any State or local government; [or](2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government.”
Kromenhoek v. Cowpet Bay West Condo. Ass'n, 77 F. Supp. 3d 462 (D.V.I. 2014).
“303, 382-283. The ADA obligates a “public accommodation” only with respect to a “facility” that is “used as, or designed or constructed for use as,” either a place of public accommodation or a commercial facility.”
Defrees v. West, 988 F. Supp. 1390 (D. Kan. 1997).
“” 28 C.F.R. § 36.102 (a). There is no indication that plaintiffs former place of employment falls -within any of these categories.”
Kayman v. Spirit Halloween Superstores LLC (N.D.N.Y. 2025).
· cites it 2× “§ 12182 & 28 C.F.R § 36.102: DISABILITY DISCRIMINATION Next, the Court turns to Count II of the complaint, which alleges that Spirit Halloween, through the actions of the Employee defendants, discriminated against T.”
Goren v. LawPracticeCLE, L.L.C. (M.D. Fla. 2021).
“28 C.F.R. § 36.102 (emphasis added). Plaintiff also points to two settlement agreements1 between the Department of Justice and online-only course providers that failed to provide auxiliary aids to individuals with hearing impairments, noting that the Department of Justice only…”
Trisvan v. The New Sch. Ctr. for Media (N.D.N.Y. 2024).
“28 C.F.R. § 36.102 . To state a claim for a violation of Title III based on disability discrimination, the plaintiff must allege facts that demonstrate: “(1) that [he] is disabled within the meaning of the ADA; (2) that defendants own, lease, or operate a place of public…”
The Regents v. Repub. Franklin (3rd Cir. 2006).
“28 C.F.R. § 36.102 (b)(3)(i)-(ii). When a public accommodation or a part of it is altered, the Act requires that alterations be made so that “the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals care…”
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