# ADA - public vs. private



## rbcameron1 (Jul 14, 2015)

I've got a bet going on when ADA needs to be applied.  The ADA guidelines imply that ONLY public facilities, commercial facilities and private places that offer courses apply.  For a law firm project, my bet is that it does NOT apply.  Its a small private business and has access to the inside of the establishment, but does not have to provide ADA accessible restroom or openings, right?

The other guy says all things apply all the time.

Settle the bet.  Who's right?


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## mark handler (Jul 14, 2015)

rbcameron1 said:
			
		

> I've got a bet going on when ADA needs to be applied.  The ADA guidelines imply that ONLY public facilities, commercial facilities and private places that offer courses apply.  For a law firm project, my bet is that it does NOT apply.  Its a small private business and has access to the inside of the establishment, but does not have to provide ADA accessible restroom or openings, right?The other guy says all things apply all the time.
> 
> Settle the bet.  Who's right?


Sorry you loose.

ADA does apply to all businesses.

But areas of personal workspaces only need to be accessible when a disabled person needs what is called reasonable accomidations . All common spaces including restrooms shall be accessible


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## mark handler (Jul 14, 2015)

There are some exceptions but it is what it is


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## rbcameron1 (Jul 14, 2015)

mark handler said:
			
		

> There are some exceptions but it is what it is


Anyone second?  going once, going twice...

Alright, ALL ADA, ALL THE TIME.  got it.


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## mjesse (Jul 14, 2015)

What if a client in a chair comes to the business?

What if an employee of the business is blind?

These questions are the determining factor of "public"

But hey, it's a law firm....let them roll the dice. They can get their defense at cost.


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## Francis Vineyard (Jul 14, 2015)

The title III regulation covers --

Public accommodations (i.e., private entities that own, operate, lease, or lease to places of public accommodation),

 Commercial facilities, and

 Private entities that offer certain examinations and courses related to educational and occupational certification.

Places of public accommodation include over five million private establishments, such as restaurants, hotels, theaters, convention centers, retail stores, shopping centers, dry cleaners, laundromats, pharmacies, doctors' offices, hospitals, museums, libraries, parks, zoos, amusement parks, private schools, day care centers, health spas, and bowling alleys.

 Commercial facilities are nonresidential facilities, including office buildings, factories, and warehouses, whose operations affect commerce.

 Entities controlled by religious organizations, including places of worship, are not covered.

 Private clubs are not covered, except to the extent that the facilities of the private club are made available to customers or patrons of a place of public accommodation.


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## mark handler (Jul 14, 2015)

Francis Vineyard said:
			
		

> The title III regulation covers --Public accommodations (i.e., private entities that own, operate, lease, or lease to places of public accommodation),
> 
> Commercial facilities, and
> 
> ...


As i said there are exceptions....


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