§12181 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines key words used in these rules. It says what counts as commerce, what kinds of places are covered, and what kinds of transportation and vehicles the rules apply to. Commerce: travel, trade, transport, or communication across states, between a state and a foreign country or territory, or between two points in the same state if the trip goes through another state or foreign country. Commercial facilities: places meant for business (not homes) that affect commerce. Demand responsive system: any ride service by vehicle that is not a fixed-route system. Fixed route system: transport (not by airplane) where vehicles run a set route on a set schedule. Over-the-road bus: a bus with a raised passenger area above a baggage compartment. Private entity: any non-government organization. Public accommodations: a long list of private businesses that count as places open to the public if they affect commerce — for example, lodging (except an inn with not more than five rooms that the owner actually lives in), restaurants and bars, theaters and concert halls, convention centers and meeting halls, stores and shopping centers, many service businesses (banks, pharmacies, hospitals, etc.), transit stations, museums and parks, private schools, social service centers (day care, shelters, food banks), and exercise or recreation places (gyms, golf courses). Rail and railroad: use the definition found in title 49 of the U.S. Code. Readily achievable: something that can be done without great difficulty or expense; to decide, look at the cost and nature of the change, the money and size of the facility and its workforce, the overall resources and size and number of the covered business’s facilities, and how the business operates and how its sites relate to each other. Specified public transportation: regular public service by bus, rail, or other non-aircraft vehicles (including charter service). Vehicle: does not include railroad cars, locomotives, freight cars, cabooses, or certain other railroad cars covered elsewhere.

Title 42, §12181

The Public Health and Welfare — Source: USLM XML via OLRC

As used in this subchapter:

(1)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)The term “commercial facilities” means facilities—

(A)that are intended for nonresidential use; and

(B)whose operations will affect commerce.

(3)The term “demand responsive system” means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.

(4)The term “fixed route system” means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule.

(5)The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.

(6)The term “private entity” means any entity other than a public entity (as defined in section 12131(1) of this title).

(7)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)The terms “rail” and “railroad” have the meaning given the term “railroad” in section 20102(1) 1 of title 49.

(9)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)The term “specified public transportation” means transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis.

(11)The term “vehicle” does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in section 12162 of this title or covered under this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Housing Act of 1968, referred to in par. (2), probably means the Fair Housing Act, title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I of chapter 45 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 3601 of this title and Tables. section 20102(1) of title 49, referred to in par. (8), was redesignated section 20102(2) and a new section 20102(1) was added by Pub. L. 110–432, div. A, § 2(b)(1), (2), Oct. 16, 2008, 122 Stat. 4850. This chapter, referred to in par. (9)(A), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 12101 of this title and Tables. Codification In par. (8), “section 20102(1) of title 49” substituted for “section 202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e))” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–336, title III, § 310,

July 26, 1990, 104 Stat. 365, provided that: “(a) General Rule.—Except as provided in subsections (b) and (c), this title [enacting this subchapter] shall become effective 18 months after the date of the enactment of this Act [

July 26, 1990]. “(b) Civil Actions.—Except for any civil action brought for a violation of section 303 [section 12183 of this title], no civil action shall be brought for any act or omission described in section 302 [section 12182 of this title] which occurs—“(1) during the first 6 months after the

Effective Date

, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less; and “(2) during the first year after the

Effective Date

, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less. “(c) Exception.—section 302(a) [section 12182(a) of this title] for purposes of section 302(b)(2)(B) and (C) only, 304(a) [section 12184(a) of this title] for purposes of section 304(b)(3) only, 304(b)(3), 305 [section 12185 of this title], and 306 [section 12186 of this title] shall take effect on the date of the enactment of this Act [July 26, 1990].”

§12181 Definitions

Summary

Title 42, §12181

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata