How ADA Affects Public Accommodations Owned by Private Organizations
by: New Mexico Legal Aid
The ADA says a public accommodation is a public place. This place does business with the public.
It is run by a private person or organization. The following is a list of those named in the law:
1. An inn, hotel, motel, or other place to stay. If the building has only five rooms to rent and the owner's home is part of the building, it is not included.
2. A place serving food and drinks like, a restaurant or a bar.
3. A place of entertainment. It could be a movie house. It could be a theater. It could be a concert hall. It could be a stadium, or other place for entertainment or exhibition.
4. A place where conferences take place. It could be a place where people come together for discussions.
5. A shopping center. It may be any kind of store open to the public.
6. Any kind of professional business or office.
7. A terminal or a depot. It could be a station used for public transportation system.
8. A place where art is on display.
9. A place where there is recreation.
10. A place where education is offered.
11. Social Services help centers.
12. A place of exercise and recreation.
You are disabled. You go to a place of public accommodation.
If the owner understands the meaning of his business, you will not face discrimination.
You have the same rights as any person at the public accommodation.
You can use whatever is offered there.
You don't have to be treated like a person with a disability. Not if that makes you less able to take part in what the accommodation offers.
You can insist on being a part of the group without disabilities.
No tests or rules can be used to place you in a special group. Especially if that group will not be allowed to take part in everything offered.
Let us say your wife or husband is disabled. You are not. You cannot be discriminated against because of this situation.
No one can tell you that the company makes the rules. No one can tell you that the boss is in charge and he isn't here.
The person offering the accommodation will have to make reasonable changes in how it works.
The changes are needed to allow disabled people to take part.
If this person can show that the nature of the offering will be changed, he will not have to make the reasonable changes. If he can show that the business will undergo undue burden, he does not have to make the changes.
A building cannot be used by disabled persons because of how it is built. The owner must make the needed changes.
If he can show that he would face undue hardship, he does not have to do it. If he can show that the repairs would change the nature of the offerings, he does not have to do it.
The situation applies to the absence of support aids, vehicles needing repair and communications devices. Hydraulic and other types of lifts are not included.
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