Title III of the Americans with Disabilities Act of 1990

The full text of Title III of the ADA is available at https://www.ada.gov/law-and-regs/regulations/title-iii-regulations/.

Summary of Title III of the Americans with Disabilities Act

Title III of the ADA offers significant protections against discrimination for people with disabilities in public accommodations. It prohibits discrimination based on disability, ensuring complete and equal access to goods, services, facilities, privileges, advantages, or accommodations in public places associated with interstate commerce. Public accommodations encompass a wide range of private entities that affect commerce, such as hotels, restaurants, theaters, stores, hospitals, and other facilities. The term commerce is broadly defined to include travel, trade, traffic, commerce, transportation, or communication.

Title III forbids specific discriminatory practices. Discrimination includes denying participation or offering unequal benefits due to disability, as well as failing to make reasonable modifications in policies, practices, or procedures when necessary to grant access to goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless such modifications would fundamentally alter these offerings. The law also requires that covered entities ensure no person with a disability is excluded, denied services, segregated, or treated differently due to the lack of auxiliary aids and services. Additionally, Title III addresses architectural barriers by requiring their removal in existing facilities where feasible, and if not feasible, entities must provide goods, services, facilities, privileges, advantages, or accommodations through alternative methods if possible.

For new construction and modifications, Title III establishes specific accessibility standards. Facilities designed and built for first occupancy more than 30 months after the statute's enactment must be accessible and usable by individuals with disabilities, unless structural impracticability is proven according to regulatory standards. When alterations affect usability, the modified areas must be accessible and usable by individuals with disabilities to the greatest extent feasible. If alterations impact primary function areas, the path of travel and associated amenities must also be accessible unless the cost and scope are disproportionate. However, the statute does not require elevators in facilities under three stories or with less than 3,000 square feet per floor, unless they are shopping centers, malls, or healthcare provider offices.

Title III also addresses transportation services by private entities. In fixed route systems, discrimination includes acquiring or leasing vehicles with over 16 passenger seats that are not accessible to individuals with disabilities, including wheelchair users. Similarly, private demand responsive systems must provide service to individuals with disabilities equivalent to that given to others when viewed as a whole. The statute also includes specific rules for over-the-road buses, requiring compliance with accessibility regulations.

The statute includes several key limitations and exceptions. Title III contains a direct threat exception, stating that it does not require an entity to allow participation or benefits if an individual poses a direct threat to others' health or safety, defined as a significant risk that cannot be mitigated by policy changes, practices, procedures, or auxiliary aids or services. The concept of readily achievable is another important limitation, meaning easily doable without much difficulty or expense, with various factors considered in this determination.

Title III's implementation and enforcement are supported by comprehensive regulatory authority. The Attorney General can issue regulations in an accessible format to enforce Title III, consistent with guidelines from the Architectural and Transportation Barriers Compliance Board. The Department of Justice has clarified that Title III requires effective communication and has consistently affirmed its application to public accommodation websites. The statute ensures that covered entities provide full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, establishing clear compliance standards.