---
title: "What counts as a public accommodation under the ADA? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources."
canonical: https://www.m-i-n-d.ai/minds/ada-accessibility/what-is-a-public-accommodation-ada
jurisdiction: "US Federal"
last_verified: 2026-08-27
license: CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/
attribution: "Source: MIND (m-i-n-d.ai)"
---

# 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.

## 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] U.S. Government Publishing Office / Department of Justice — 28 CFR 36.104 — Definitions under the ADA Title III regulation · https://www.ecfr.gov/current/title-28/section-36.104 · as of 2026-08-27
- [2] U.S. Government Publishing Office / Department of Justice — 28 CFR 36.201 — General prohibition of discrimination in public accommodations · https://www.ecfr.gov/current/title-28/section-36.201 · as of 2026-08-27