
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12181]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
 SUBCHAPTER III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE 
                                ENTITIES
 
Sec. 12181. Definitions

    As used in this subchapter:

                            (1) Commerce

        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) Commercial facilities

        The term ``commercial facilities'' means facilities--
            (A) that are intended for nonresidential use; and
            (B) whose operations will affect commerce.

    Such term shall not include railroad locomotives, railroad freight 
    cars, railroad cabooses, railroad cars described in section 12162 of 
    this title or covered under this subchapter, railroad rights-of-way, 
    or facilities that are covered or expressly exempted from coverage 
    under the Fair Housing Act of 1968 \1\ (42 U.S.C. 3601 et seq.).
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    \1\ See References in Text note below.
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                    (3) Demand responsive system

        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) Fixed route system

        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) Over-the-road bus

        The term ``over-the-road bus'' means a bus characterized by an 
    elevated passenger deck located over a baggage compartment.

                         (6) Private entity

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

                      (7) Public accommodation

        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) Rail and railroad

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

                       (9) Readily achievable

        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) Specified public transportation

        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) Vehicle

        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.

(Pub. L. 101-336, title III, Sec. 301, July 26, 1990, 104 Stat. 353.)

                       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, as amended, which is classified principally to subchapter I 
of chapter 45 (Sec. 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.
    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 Short Title 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, Sec. 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.


                             Effective Date

    Section 310 of title III of Pub. L. 101-336 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.--Sections 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].''

                  Section Referred to in Other Sections

    This section is referred to in title 47 section 255.
