42 USC 12181 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 12181.

Definitions

As used in this subchapter:

(1)

Commerce

The 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 facilities

The 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 1

 See References in Text note below.

(42 U.S.C. 3601 et seq.).

(3)

Demand responsive system

(4)

Fixed route system

(5)

Over-the-road bus

(6)

Private entity

(7)

Public accommodation

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.

(8)

Rail and railroad

(9)

Readily achievable

The 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

(11)

Vehicle

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

cite as: 42 USC 12181