1	Title III of the Americans with Disabilities Act
2	Title III applies to. . . Public accommodations, Commercial facilities, and Private entities that offer examinations or courses related to applications, licensing, certification or credentialing for secondary or post secondary education, professional or trade purposes.
3	Who is Covered by Title III of the ADA? Individual with a disability Actual disability History of a substantially limiting impairment Regarded as having a substantially limiting impairment Qualified: depends upon whether there are qualifications for participation in the place of public accommodation.
4	A public accommodation is a private entity that owns, leases, leases to or operates a place of public accommodation. 28 C.F.R. § 36.102
5	Places of Public Accommodation an inn, hotel, motel or other place of lodging a restaurant, bar or other place serving food or drink a motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment an auditorium, convention center, lecture hall, or other place of public gathering, a bakery, grocery store, clothing store, hardware store, shopping or other sales or rental establishment
6	More places of public accommodation 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 provider, hospital, or other service establishment a terminal, depot or other station used for specified public transportation a museum, library, gallery or other place of public collection a park, zoo, amusement park, or other place of recreation
7	More places of public accommodation a nursery, elementary, secondary, undergraduate, or private school, or other place of education a day care center, senior citizen center, homeless shelter, food bank, or other social service center establishment a gym, health spa, bowling alley, golf course, or other exercise or recreation Note: the categories are exhaustive, but the examples of facilities within the categories are not exhaustive.
8	Title III of the ADA Also covers examinations or courses related to applications, licensing, certification, or credentialing for secondary or post secondary education, professional or trade purposes. 28 C.F.R. § 36.309
9	Exempted from coverage under Title III of the ADA Private clubs Private homes Mixed use residential facilities Religious entities
10	Test for determining whether a facility is a private club Degree of control over operations of club by members Selectivity of membership selection process Whether substantial membership fees are charged Whether the entity is operated on a non-profit basis; Extent to which the facilities are open to the public; Degree of public funding; Whether the club was created specifically to avoid compliance with the law.
11	When a Private Club is a covered entity under Title III To the extent that the facilities are made available to customers or patrons of a place of public accommodation. 42 U.S.C. § 12187.
12	How Private Homes Are Affected by Title III of the ADA When a place of public accommodation is located in a private residence that portion of the residence that is used exclusively for the residence is not covered by Title III The position used exclusively for the place of public accommodation is covered by Title III The portion used for both the place of public accommodation and for the residence is covered by Title III Portion used for public accommodation is extended by the elements necessary for entrance, doors, entry ways and sidewalks as well as bathrooms.
13	What are religious entities for purposes of Title III of the ADA Religious entities are religious organizations or entities controlled by religious organizations, including places of worship. 28 C.F.R. § 36.102(e). Test: Does the church or religious organization control the operations of the school or the service or is the school or church the religious organization? (If yes, to either then not covered by Title III)
14	The Special Issue of Leased Commercial Buildings Responsibility for compliance with Title III of the ADA belongs to both the landlord who owns the building and the tenant who operates a place of public accommodation. Responsibility may be allocated by lease or other contract. In the absence of an agreement re: allocation, the regulations are silent about the allocation. 28 C.F.R. § 36.201
15	Guidelines to the regulations address the allocation in leased property Landlord generally held responsible for making readily achievable changes and providing auxiliary aids and services in common areas; and modifying policies, practices and procedures available to all tenants.
16	Guidelines continued... Tenant is generally responsible for readily achievable changes, provision of auxiliary aids, and modifications of policies within its own place of public accommodation.
17	Not covered by Title III of the ADA but covered by other civil rights/disability laws Airlines are covered by the federal Air Carriers Access Act however airports and terminals are covered by Title III Housing covered by the Fair Housing Act Telecommunications however Title IV of the ADA applies to common carriers that provide interstate wire or radio communications
18	Prohibited actions under Title III Failure to design new facilities to provide accessibility to persons with disabilities Failure to remove physical barriers that are easily removed Refusal to make reasonable modifications in policies, practices, and procedures Refusal to provide auxiliary aids necessary for people with disabilities that would not bee too expensive or would not alter the service Providing unequal services Providing segregated services Refusing to allow a person with a disability to choose an integrated service Requiring people with disabilities to unnecessarily identify that they have a disability Imposition of criteria that screens or tends to screen out people with disabilities
19	Prohibited Discriminatory Conduct under Title III General nondiscrimination prohibition: No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to) or operates a place of public accommodation. See 42 U.S.C. § 12182.
20	More discriminatory conduct Refusal to modify policies, practices and procedures: A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities. See 28 C.F.R. § 36.302.
21	Modification of policies re: service animals A place of public accommodation shall modify policies and practices to permit use of a service animal but do not have to care and supervise the animal. See 28 C.F.R. 36.302 (c).
22	Discriminatory Conduct Auxiliary aids and services: refusal to provide necessary auxiliary aids and services. See 28 C.F.R. § 36.303
23	Examples of auxiliary aids and services includes . . . Qualified interpreters, note takers, computer aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons, video text displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments.
24	More examples of auxiliary aids and services. . . Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; Acquisition or modification of equipment or devices Other similar services and actions. 28 C.F.R. ¶ 36.303 (b).
25	Standards about when TDDs are required If place of public accommodation offers a customer, client, patient or participant the opportunity to make outgoing telephone calls on more than incidental basis; Does not require place of public accommodation to use TDD to receive calls (can use relay service) See 28 C.F.R. § 36.303(d).
26	More discriminatory conduct: refusal to remove barriers Architectural barriers including but not limited to installing ramps, making curb cuts, repositioning telephones, adding raised markings on elevator control buttons, widening doors, installing offset hinges to widen doorways, eliminating turnstiles, providing alternative accessible path, installing grab bars 28 C.F.R. § 36/304 Priorities 1st: access to a place of public accommodation 2nd: access to those areas where goods and services are available 3rd: access to restroom facilities 4th: any other measures necessary to provide access to the goods and services and advantages
27	More discriminatory conduct: inaccessible new construction A failure to design and construct facilities for first occupancy after January 26, 1993, that are readily accessible to and usable by individuals with disabilities. See 28 C.F.R. § 36.401
28	Defenses to Title III Necessary (applies to eligibility criteria) Fundamental alteration of goods and services (applies to reasonable modification and auxiliary aids and services) Undue burden (applies to auxiliary aids and services) Personal services and devices (applies to auxiliary aids and services) Readily achievable (removal of barriers and making accommodation available through alternative methods) Structurally impracticable (newly constructed or altered buildings) Historical preservation (applies to alterations of buildings or facilities) Direct safety threat
29	Elements of Title III Direct Safety Threat Defense Individualized inquiry Relies on current medical technology or best available objective evidence The nature, duration, and severity of the risk The probability that the potential injury will actually occur Whether reasonable modifications will mitigate the risk
30	Enforcement Title III of the ADA Optional administrative proceedings Lawsuit by U.S. Department of Justice (including injunctive, declaratory, monetary relief and fines but NOT punitive damages) Private lawsuit by individual with disability (for injunctive, declaratory relief and attorneys fees) Arizonans with Disabilities Act Optional administrative proceedings Injunctive relief Declaratory relief Possibility of monetary relief
31	Accessing Center Services One may contact the Center for assistance during Short Term Assistance Team’s (STAT) hours of operation: Monday, Tuesday, Thursday and Friday from 9:00 a.m. – 1:00 p.m. at (602) 274-6298 or toll free (800) 927-2260. Our receptionist takes brief information on the issue, which is provided to STAT’s Information & Referral Supervisor for review. Due to the volume of requests we receive, we are unable to respond immediately to each request, however, the call will be returned at our earliest opportunity.