Americans with Disabilities Act (ADA) Title III: Public Accommodation
Title III prohibits disability-based discrimination by private businesses which are considered to be public accommodations, and by commercial facilities. These include businesses such as restaurants, retail stores, doctors' offices, theaters, hotels and other lodging, day care centers, parks, professional offices and other businesses which serve the public. Many places of recreation, entertainment, education and public gathering are covered by Title III. Licensing and testing practices are subject to Title III provisions as well. Warehouses, factories and offices are considered commercial facilities and are affected by Title III. Private transportation is a public accommodation and subject to Title III but enforcement and complaints related to private transportation are handled by the U.S. Department of Transportation. Private clubs and religious organizations are excluded from ADA's public accommodation definition.
ADA requires that newly constructed public accommodations and commercial facilities be accessible, but provides some leeway for older facilities to make their services accessible without having to meet all the standards of new construction. If barrier removal or correction is readily achievable, then a business must make the modification needed.
Businesses must make reasonable changes to their policies if this is needed to give customers with disabilities equal access to goods and services. They may also be required to provide auxiliary aids and services - such as TTYs, assistive listening systems, or braille or a reader for a blind person - so that such individuals can have an equal chance to participate or benefit. Service animals may accompany their owners on public accommodation premises.
How to File a Title III Complaint: If you feel that you have been discriminated against by an entity covered by Title III, send a letter with this information to the address below:
- Your full name, address, telephone number and the name of the person discriminated against (if different);
- The name of the business or entity you believe has discriminated;
- A description of the acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individual(s) you believe discriminated; and
- Any other information you think is necessary to support your complaint.
- Also send copies of relevant documents. Do not send originals, but keep them for later use.
Sign and send the letter to:
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Civil Rights Division
Disability Rights - NYAVE
Washington, D.C. 20530
www.ada.gov
Under Title III individuals may bring private lawsuits to obtain court orders to stop discrimination. A person can also file a Title III complaint with the Department of Justice, which may, after attempts to settle the dispute, file suit in federal court to end the discrimination and to obtain money damages and penalties. Penalties for Title III violation are capped at $50,000 for a first offense and $100,000 for a subsequent offense.
If you want your complaint to be resolved through the Department's ADA Mediation Program, write "Attention: Mediation" on the envelope.
For more detail on how to file a Title III complaint go to: http://www.ada.gov/t3compfm.htm