U.S. Code » Title 42 » Chapter CHAPTER 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER III— PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

42 U.S.C. § 12181

Definitions

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As used in this subchapter:(1) CommerceThe term “commerce” means travel, trade, traffic, commerce, transportation, or communication—(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.(2) Commercial facilitiesThe term “commercial facilities” means facilities—(A) that are intended for nonresidential use; and(B) whose operations will affect commerce.Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, 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 11 See References in Text note below. (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 system which is a fixed route system.

(4) Fixed route system

The term “fixed route system” means a system 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 section 12131(1) of this title).

(7) Public accommodationThe 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.(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 achievableThe term “readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include—(A) the nature and cost of the action needed under this chapter;(B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; 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 business 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 composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship 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 covered under this subchapter.

(Pub. L. 101–336, title III, § 301, July 26, 1990, 104 Stat. 353.)Editorial NotesReferences 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) 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 SubsidiariesEffective Date

Pub. L. 101–336, title III, § 310, July 26, 1990, 104 Stat. 365, provided that:“(a)General Rule.—Except as provided in subsections (b) and (c), this title [enacting this subchapter] 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 employees 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 effect on the date of the enactment of this Act [July 26, 1990].”

Notes of Decisions
Cited in 1,480 cases (684 in the last 5 years), 1992–2026 · leading case: Levorsen v. Octapharma Plasma, Inc., 828 F.3d 1227 (10th Cir. 2016).
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Levorsen v. Octapharma Plasma, Inc., 828 F.3d 1227 (10th Cir. 2016). · cites it 19× “But the statute we are tasked with interpreting here, 42 U.S.C. § 12181 (7)(F), isn’t one of those statutes.”
Access Now, Inc. v. Sw. Airlines Co., 385 F.3d 1324 (11th Cir. 2004). · cites it 6× “The facts and procedural history in this case, which involves the application of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 , to the Internet web site of Southwest Airlines, Southwest.”
PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001). · cites it 6× “[28] As the argument goes, petitioner operates not a "golf course" during its tournaments but a "place of exhibition or entertainment," 42 U. S. C. § 12181 (7)(C), and a professional golfer such as Martin, like an actor in a theater production, is a provider rather than a…”
Emmett Magee v. Coca-Cola Refreshments USA Inc, 833 F.3d 530 (5th Cir. 2016). · cites it 11× “” 8 The DOJ’s regulations define “place of public accommodation” to mean “a facility *533 operated by a private entity whose operations affect commerce and fall within at least one” of twelve enumerated categories, substantially similar to those provided by 42 U.S.C. § 12181…”
Rafael Arroyo, Jr. v. Carmen Rosas, 19 F.4th 1202 (9th Cir. 2021). · cites it 2× “Arroyo filed suit against Carmen Rosas, the owner of the Gardena Main Plaza Liquor store in Gardena, California, alleging that the store’s premises contained barriers that denied him full and equal access, in violation of Title III of the Americans with Disabilities Act (“ADA”),…”
Mark Silguero & Amy Wolfe v. Csl Plasma, Inc., 579 S.W.3d 53 (Tex. 2019). · cites it 4× “002(5), with 42 U.S.C. § 12181 (7)(A)-(L). But we held in Beeman that the ADA's definition did not apply to the Court's analysis of the THRC's definition of "public facility.”
Andrews v. Blick Art Materials, LLC, 268 F. Supp. 3d 381 (E.D.N.Y 2017). · cites it 5× “42 U.S.C. §§ 12181 (7)(F), 12182(a)) (alterations and emphases in original).”
Colleen v. Ford v. Schering-Plough Corp. Schering Corp. Metro. Life Ins. Co., 145 F.3d 601 (3rd Cir. 1998). · cites it 6× “42 U.S.C. § 12181 (7)(F) (listing examples of public accommodations including “insurance office[ ]”).”
Stevens v. Premier Cruises, Inc., 215 F.3d 1237 (11th Cir. 2000). · cites it 10× “Plaintiff argues that a cruise ship is a “public accommodation” under 42 U.S.C. § 12181 (7) and, therefore, is subject to Title III.”
Colorado Cross Disability Coalition v. Hermanson Fam. Ltd. P'ship I, 264 F.3d 999 (10th Cir. 2001). · cites it 5× “In 1996, Plaintiff Williams and his employer, the Colorado Cross Disability Coalition, filed four separate lawsuits in the federal district court against Defendants under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181 thru 12189, and the Colorado Anti…”
Mark Silguero v. CSL Plasma, Inc., 907 F.3d 323 (5th Cir. 2018). · cites it 5× “ADA Claim The crux of this case is whether CSL Plasma is a "service establishment" under 42 U.S.C. § 12181 (7)(F). If it is, then it is a "place of public accommodation," and Title III of the ADA applies to it.”
Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 (2005). · cites it 4× “353 , 42 U. S. C. § 12181 et seq., applies to foreign-flag cruise ships in United States waters.”
Show all 1,480 citing cases →
— 42 U.S.C. § 12181(6) — 1 case
Scharffenberger v. Kirkland (In Re Allegheny Health, Educ. & Rsch. Found.), 321 B.R. 776 (Bankr. W.D. Pa. 2005).
— 42 U.S.C. § 12181(7) — 5 cases
Baisden v. West Virginia Secondary Schs. Activities Comm'n, 568 S.E.2d 32 (W. Va. 2002).
Halton v. Great Clips, Inc., 94 F. Supp. 2d 856 (N.D. Ohio 2000).
Sookul v. Fresh Clean Threads, Inc. (S.D.N.Y. 2024).
Dominguez v. Banana Repub., LLC (S.D.N.Y. 2020).
Clinton Williams v. ABCD Restaurants & Hosp. LLC (E.D. Tex. 2026).
— 42 U.S.C. § 12181(7)(A) — 1 case
Laufer v. Aark Hosp. Holding, LLC (D.N.J. 2021).
— 42 U.S.C. § 12181(7)(E) — 1 case
Emanuel v. The Walt Disney Co. (E.D. Pa. 2021).
— 42 U.S.C. § 12181(7)(F) — 1 case
Marques v. Harvard Pilgrim Healthcare of New England, Inc., 883 A.2d 742 (R.I. 2005).
— 42 U.S.C. § 12181(7)(J) — 3 cases
The Regents of the Mercersburg Coll. v. Repub. Franklin Ins. Co., 458 F.3d 159 (3rd Cir. 2006).
Bingham v. Oregon Sch. Activities Ass'n, 24 F. Supp. 2d 1110 (D. Or. 1998).
The Regents v. Repub. Franklin (3rd Cir. 2006).
— 42 U.S.C. § 12181(9) — 11 cases
Sandra Edmonds v. Barchester California, LP (C.D. Cal. 2022).
Arroyo, Jr. v. J.S.T. LLC (E.D. Cal. 2019).
Peter Strojnik v. JW World Enter., Inc. Best W. Bakersfield North (E.D. Cal. 2021).
Avalos v. Red Mountain Asset Fund I, LLC (E.D. Cal. 2021).
Avalos v. Sandhu (E.D. Cal. 2021).
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