C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 36—NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES › Subpart B—General Requirements

28 C.F.R. § 36.201

General

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(a) Prohibition of discrimination. 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 private entity who owns, leases (or leases to), or operates a place of public accommodation.

(b) Landlord and tenant responsibilities. Both the landlord who owns the building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are public accommodations subject to the requirements of this part. As between the parties, allocation of responsibility for complying with the obligations of this part may be determined by lease or other contract.

(c) Claims of no disability. Nothing in this part shall provide the basis for a claim that an individual without a disability was subject to discrimination because of a lack of disability, including a claim that an individual with a disability was granted a reasonable modification that was denied to an individual without a disability.

[Order No. 1513-91, 56 FR 35592, July 26, 1991, as amended by AG Order 3702-2016, 81 FR 53243, Aug. 11, 2016]
Notes of Decisions
Cited in 64 cases (23 in the last 5 years), 1994–2025 · leading case: Indep. Living Resources v. Oregon Arena Corp., 982 F. Supp. 698 (D. Or. 1997).
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Indep. Living Resources v. Oregon Arena Corp., 982 F. Supp. 698 (D. Or. 1997). · cites it 3× “§§ 12182 (a) and 12183(a)(1) and 28 CFR § 36.201 (a). Some support for that position is found in 28 CFR § 36.”
Botosan v. Fitzhugh, 13 F. Supp. 2d 1047 (S.D. Cal. 1998). · cites it 4× “§ 12182 (a) (providing that the ADA applies to “any person who owns, leases (or leases to), or operates a place of public accommodation”); 28 C.F.R. § 36.201 (b) (providing that “[b]oth the landlord who owns the building that houses a place of public accommodation and the tenant…”
Bowers v. Nat'l Collegiate Athletic Ass'n, 9 F. Supp. 2d 460 (D.N.J. 1998). · cites it 2× “” 28 C.F.R. § 36.201 . In turn, a facility is “all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building,…”
Rolf Jensen & Assocs., Inc. v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 282 P.3d 743 (Nev. 2012). · cites it 3× “Notably, however, with the exception of landlord-tenant relationships, 28 C.F.R. § 36.201 (b) (2010), there are no provisions within the ADA, or its accompanying regulations, that permit indemnification or the allocation of liability between the various entities subject to the…”
Botosan v. Paul McNally Realty, 216 F.3d 827 (9th Cir. 2000). · cites it 3× “28 C.F.R. § 36.201 (b). Significantly, the regulation states that a landlord is a “public accommodation,” which triggers coverage under Title III.”
C.F. Folks, Ltd. v. DC Jefferson Bldg., LLC, 308 F. Supp. 3d 145 (D.C. Cir. 2018). · cites it 2× “1 and 28 CFR § 36.201 (a). The first regulation is contained in the District of Columbia Building Code and provides that restaurants, banquet halls and food courts must have one water closet (i.”
Guckenberger v. Boston Univ., 957 F. Supp. 306 (D. Mass. 1997). “1994) (quoting 28 C.F.R. § 36.201 (a) (1993) (emphasis added)).”
Arnold v. United Artists Theatre Circuit, Inc., 158 F.R.D. 439 (N.D. Cal. 1994). “§ 12182 (a); 28 C.F.R. § 36.201 (a). With respect to facilities constructed or last remodeled before January 26, 1993 — the effective date of the ADA’s requirements regarding new construction — the ADA requires owners *445 to remove architectural barriers that are structural in…”
United States v. Nat'l Amusements, Inc., 180 F. Supp. 2d 251 (D. Mass. 2001). · cites it 2× “Specifically, the general regulations prohibit the following: (1) discriminating against an individual on the basis of a disability in the “full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public…”
Aikins v. St. Helena Hosp., 843 F. Supp. 1329 (N.D. Cal. 1994). “” 28 C.F.R. § 36.201 (a) (1993). The preamble to the regulation notes that the change was designed to make clear that the regulation “places the ADA’s nondiscrimination obligations on ‘public accommodations’ rather than on ‘persons’ or ‘places of public accommodation.”
Doe v. Deer Mountain Day Camp, Inc., 682 F. Supp. 2d 324 (S.D.N.Y. 2010). “Accords 28 C.F.R. § 36.201 . 35 Thus, Adam has the burden to prove that Defendants discriminated against him within the meaning of the ADA.”
Emerson v. Thiel Coll., 296 F.3d 184 (3rd Cir. 2002). “The regulations under the statute provide that discrimination is prohibited by any private entity that owns, leases (or leases to) or operates a place of public accommodation, 28 C.F.R. § 36.201 (a), and that “private entity” means a person or entity other than a public entity.”
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— 28 C.F.R. § 36.201(a) — 1 case
Hernandez v. Roche, Jr. (W.D. Tex. 2021).
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