Minds → Accessibility & ADA → What counts as a public accommodation under the ADA? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
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What counts as a public accommodation under the ADA? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Under 28 CFR § 36.104, a "place of public accommodation" is a facility operated by a private entity whose operations affect commerce and fall within at least one of twelve specified categories. Under 28 CFR § 36.201, a "public accommodation" is the private entity that owns, leases (or leases to), or operates such a place, and both landlords and tenants share ADA compliance responsibility.
Last verified: 2026-08-27 · Sources checked: 2/2 resolving · Next scheduled review: 2026-11-25

How it works

Per 28 CFR § 36.104, a place of public accommodation is a facility operated by a private entity whose operations affect commerce, falling within twelve enumerated categories. Per 28 CFR § 36.201, a public accommodation is the private entity that owns, leases (or leases to), or operates the place. Under § 36.201(b), both the landlord (building owner) and the tenant (business operator) are public accommodations subject to Title III; allocation of compliance duties may be set by lease or contract.

The twelve categories of places of public accommodation

# Category
1 Place of lodging (inn, hotel, motel, or similar short-term guest facility)
2 Restaurant, bar, or other establishment serving food or drink
3 Motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment
4 Auditorium, convention center, lecture hall, or other place of public gathering
5 Bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment
6 Laundromat, dry-cleaner, bank, barber/beauty shop, travel service, shoe repair, funeral parlor, gas station, accountant/lawyer office, pharmacy, insurance office, health-care provider office, hospital, or other service establishment
7 Terminal, depot, or other station used for specified public transportation
8 Museum, library, gallery, or other place of public display or collection
9 Park, zoo, amusement park, or other place of recreation
10 Nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education
11 Day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment
12 Gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation

Exceptions & edge cases

Under 28 CFR § 36.104, a private club exempted under Title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)) is excluded. Lodging exception: an establishment with not more than five rooms for rent/hire that is actually occupied by the proprietor as a residence is not a place of lodging. The Act's general nondiscrimination prohibition in § 36.201(a) also does not support a reverse-discrimination claim by a person without a disability (§ 36.201(c)).

Sources

  1. [1]U.S. Government Publishing Office / Department of Justice — 28 CFR 36.104 — Definitions under the ADA Title III regulation · as of 2026-08-27
  2. [2]U.S. Government Publishing Office / Department of Justice — 28 CFR 36.201 — General prohibition of discrimination in public accommodations · as of 2026-08-27

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