42 U.S.C. § 12182

Prohibition of discrimination by public accommodations

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(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 person 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 arrangements, 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 arrangements 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 arrangements with a good, service, facility, privilege, 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 accommodation, or other opportunity that is as effective 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 clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.

(B) Integrated settings

Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.

Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different.

(D) Administrative methodsAn individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods 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 administrative control.(E) Association

It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, 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 association.

(2) Specific prohibitions(A) DiscriminationFor purposes of subsection (a), discrimination includes—(i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered;(ii) a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations;(iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden;(iv) a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable; and(v) where an entity can demonstrate that the removal of a barrier under clause (iv) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.(B) Fixed route system(i) Accessibility

It shall be considered discrimination for a private entity which operates a fixed route system and which is not subject to section 12184 of this title to purchase or lease a vehicle with a seating capacity in excess of 16 passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(ii) Equivalent service

If a private entity which operates a fixed route system and which is not subject to section 12184 of this title purchases or leases a vehicle with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with disabilities, it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.

(C) Demand responsive systemFor purposes of subsection (a), discrimination includes—(i) a failure of a private entity which operates a demand responsive system and which is not subject to section 12184 of this title to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities; and(ii) the purchase or lease by such entity for use on such system of a vehicle with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities (including individuals who use wheelchairs) unless such entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.(D) Over-the-road buses(i) Limitation on applicability

Subparagraphs (B) and (C) do not apply to over-the-road buses.

(ii) Accessibility requirements

For purposes of subsection (a), discrimination includes (I) the purchase or lease of an over-the-road bus which does not comply with the regulations issued under section 12186(a)(2) of this title by a private entity which provides transportation of individuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations.

(3) Specific construction

Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.

(Pub. L. 101–336, title III, § 302, July 26, 1990, 104 Stat. 355.)Editorial NotesReferences in Text

For the effective date of this subparagraph, referred to in subsec. (b)(2)(B), (C)(ii), see section 310 of Pub. L. 101–336, set out as an Effective Date note under section 12181 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 18 months after July 26, 1990, but with subsec. (a) of this section (for purposes of subsec. (b)(2)(B), (C) only) effective July 26, 1990, and with certain qualifications with respect to bringing of civil actions, see section 310 of Pub. L. 101–336, set out as a note under section 12181 of this title.

Notes of Decisions

Cited in 2,298 cases (1,048 in the last 5 years), 1992–2026 · leading case: Joe Houston v. Marod Supermarkets, Inc., 733 F.3d 1323 (11th Cir. 2013).

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Joe Houston v. Marod Supermarkets, Inc., 733 F.3d 1323 (11th Cir. 2013). · cites it 21× “” While the evidence supports this factual finding, the threshold question is whether Houston’s tester motive deprives him of standing to sue for violations of 42 U.S.C. §§ 12182 (a) and 12182(b)(2)(A)(iv).”

Mark Silguero & Amy Wolfe v. Csl Plasma, Inc., 579 S.W.3d 53 (Tex. 2019). · cites it 17× “See 42 U.S.C. § 12182 (b)(2)(A)(i), (b)(3). I.”

Juan Carlos Gil v. Winn-Dixie Stores, Inc., 993 F.3d 1266 (11th Cir. 2021). · cites it 26× “mplaint, admitting that “its physical grocery stores and pharmacies are places of public accommodation,” but denying the complaint’s allegations that its website was a place of public accommodation and 4 Gil did not indicate in his pleadings which provision of Title III of the…”

Civil Rights Educ. & Enf't Ctr. v. Hosp. Props. Trust, 867 F.3d 1093 (9th Cir. 2017). · cites it 12× “HOSPITALITY PROPERTIES TRUST equivalent accessible transportation services at its hotels in violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12182 (a), 12182(b)(2)(B), 12182(b)(2)(C).”

Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939 (9th Cir. 2011). · cites it 12× “Rather, the ADA proscribes more subtle forms of discriminationsuch as difficult-to-navigate restrooms and hard-to-open doorsthat interfere with disabled individuals' "full and equal enjoyment" of places of public accommodation.”

Robin Fortyune v. Am. Multi-Cinema, Inc., 364 F.3d 1075 (9th Cir. 2004). · cites it 11× “42 U.S.C. § 12182 (a). 3 The ADA defines discrimination to include: [A] failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities,' privileges, advantages, or accommodations to…”

PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001). · cites it 10× “" 42 U. S. C. § 12182 (a). The phrase "public accommodation" is defined in terms of 12 extensive categories, [24] which the legislative history indicates "should be construed liberally" to afford people with disabilities *677 "equal access" to the wide variety of establishments…”

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co., 765 F.3d 1205 (10th Cir. 2014). · cites it 17× “at 1082-83 (quoting 42 U.S.C. § 12182 (b)(1)(A)(iii), (B)). Second, the court held that the porch was a “space” under the Design Standards, and because Abercrombie made that space “available to individuals who do not require wheelchairs for mobility, [it] must comply with…”

Daniel Lopez v. Catalina Channel Express, Inc., 974 F.3d 1030 (9th Cir. 2020). · cites it 10× “2007) (citing 42 U.S.C. §§ 12182 (a)–(b)). Here, the first two elements of Lopez’s discrimination claim are met because neither party disputes that Lopez is disabled, see 42 U.”

John Karczewski v. Dch Mission Valley LLC, 862 F.3d 1006 (9th Cir. 2017). · cites it 15× “§ 12182 (b)(2)(A)(ii), which requires a public accommodation to “make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with…”

Christopher Mielo v. Steak N Shake Operations Inc, 897 F.3d 467 (3rd Cir. 2018). · cites it 7× “See 42 U.S.C. § 12182 (a). Title III applies to buildings built both before and after the ADA's enactment.”

Kathleen Lentini v. California Ctr. for the Arts, Escondido Alan Corbin Randy Vogel, & Does 1-10, 370 F.3d 837 (9th Cir. 2004). · cites it 9× “” 42 U.S.C. § 12182 (a). “Discrimination” is defined as, among other things, “a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or…”

Show all 2,298 citing cases →

— 42 U.S.C. § 12182(a) — 22 cases

Traci Berardelli v. Allied Servs. Inst. of R, 900 F.3d 104 (3rd Cir. 2018).

Lopez v. Jet Blue Airways, 662 F.3d 593 (2d Cir. 2011).

The Regents of the Mercersburg Coll. v. Repub. Franklin Ins. Co., 458 F.3d 159 (3rd Cir. 2006).

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).

Pappas v. Bethesda Hosp. Ass'n, 861 F. Supp. 616 (S.D. Ohio 1994).

— 42 U.S.C. § 12182(b) — 1 case

R. Lacey Colligan v. Mary Hitchcock Mem'l Hosp., et al., 2018 DNH 254 (D.N.H. 2019).

— 42 U.S.C. § 12182(b)(1)(E) — 1 case

Judy Shaw Found. v. City of Howard, South Dakota (D.S.D. 2026).

— 42 U.S.C. § 12182(b)(2)(A)(i) — 2 cases

Mark Silguero & Amy Wolfe v. Csl Plasma, Inc., 579 S.W.3d 53 (Tex. 2019). “See 42 U.S.C. § 12182 (b)(2)(A)(i), (b)(3). I.”

Shepherd v. United States Olympic Comm., 464 F. Supp. 2d 1072 (D. Colo. 2006).

— 42 U.S.C. § 12182(b)(2)(A)(ii) — 3 cases

Alberto Fernando Manfredi, et al. v. Lakeland Vill. Owners Ass'n, et al. (E.D. Cal. 2025).

(PS) McDonald v. Dep't of Motor Vehs. (E.D. Cal. 2021).

Bercovitch v. Baldwin Sch. (1st Cir. 1998).

— 42 U.S.C. § 12182(b)(2)(A)(iii) — 4 cases

Gomez v. Trinitas Cellars, LLC (N.D. Cal. 2022).

Gomez v. Ackerman Fam. Vineyards LLC (N.D. Cal. 2022).

Gomez v. Trinitas Cellars, LLC (N.D. Cal. 2022).

Dominguez v. Athleta LLC (S.D.N.Y. 2021).

— 42 U.S.C. § 12182(b)(2)(A)(iv) — 1 case

Lewis v. Dallas Soundstage, Inc., 167 S.W.3d 906 (Tex. App. 2005).

— 42 U.S.C. § 12182(b)(3) — 3 cases

Montalvo v. Radcliffe, 167 F.3d 873 (4th Cir. 1999).

Hernandez v. Costco Wholesale Corp. (D. Ariz. 2022).

Lockett v. Catalina Channel Express (9th Cir. 2007).

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