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From: covici@ccs.portal.com (John Covici)
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Subject: English Braille Text Of Ada Law (5 of 8)
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Date: 19 Dec 90 05:23:46 GMT
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Index Number: 12524

     (6) Private entity. The term ``private entity'' means any
entity other than a public entity (as defined in section 201(1)).

     (7) Public accommodation. The following private entities are
considered public accommodations for purposes of this title, 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 202(e) of
the Federal Railroad  Safety Act of 1970 (45 U.S.C. 431(e)).

     (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
Act;
          (B) the overall financial resources of the facility or
facilities involved in the action; the number of persons employed
at such facility; the ffect on expenses and resources, or the
impact otherwise of such action upon he operation of the facility;
          (C) the overall financial resources of the covered
entity; the verall size of the business of a covered entity with
respect to the number of ts 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 ntity; the geographic separateness,
administrative or fiscal relationship of he facility or facilities
in question to the covered entity.

     (10) Specified public transportation. The term ``specified
public  ransportation'' means transportation by bus, rail, or any
other conveyance  other than by aircraft) that provides the general
public with general or pecial service (including charter service)
on a regular and continuing basis.

     (11) Vehicle. The term ``vehicle'' does not include a rail
passenger  ar, railroad locomotive, railroad freight car, railroad
caboose, or a railroad ar described in section 242 or covered under
this title.

Sec. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODATIONS.

(a) General Rule. No individual shall be discriminated against on
the  asis of disability in the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or
accommodations of any place of public  ccommodation by any person
who owns, leases (or leases to), or operates a lace of public
accommodation.

(b) Construction.

     (1) General prohibition.
          (A) Activities.
          (i) Denial of participation. It shall be discriminatory
to ubject an individual or class of individuals on the basis of a
disability or isabilities of such individual or class, directly, or
through contractual, licensing, or other arrangements, to a denial
of the opportunity of the  ndividual or class to participate in or
benefit from the goods, services, facilities, privileges,
advantages, or accommodations of an entity.
          (ii) Participation in unequal benefit. It shall be
discriminatory to fford an individual or class of individuals, on
the basis of a disability or isabilities of such individual or
class, directly, or through contractual, licensing, or other
arrangements with the opportunity to participate in or enefit from
a good, service, facility, privilege, advantage, or accommodation
hat is not equal to that afforded to other individuals.
          (iii) Separate benefit. It shall be discriminatory to
provide an  ndividual or class of individuals, on the basis of a
disability or isabilities of such individual or class, directly, or
through contractual, licensing, or other arrangements with a good,
service, facility, privilege, advantage, or accommodation that is
different or separate from that provided to ther individuals,
unless such action is necessary to provide the individual or lass
of individuals with a good, service, facility, privilege,
advantage, or accommodation, or other opportunity that is as
effective as that rovided to others.
          (iv) Individual or class of individuals. For purposes of
clauses (i) hrough (iii) of this subparagraph, the term
``individual or class f individuals'' refers to the clients or
customers of the covered public  ccommodation that enters into the
contractual, licensing or other arrangement.
          (B) Integrated settings. Goods, services, facilities,
privileges, advantages, and accommodations shall be afforded to an
individual with a isability in the most integrated setting
appropriate to the needs of the ndividual.
          (C) Opportunity to participate. Notwithstanding the
existence of  eparate or different programs or activities provided
in accordance with this  ection, an individual with a disability
shall not be denied the opportunity to articipate in such programs
or activities that are not separate or different.
          (D) Administrative methods. An individual or entity shall
not, directly or through contractual or other arrangements, utilize
standards or riteria or methods of administration
          (i) that have the effect of discriminating on the basis
of disability;
or
          (ii) that perpetuate the discrimination of others who are
subject to ommon administrative control.
          (E) Association. It shall be discriminatory to exclude or
otherwise  eny equal goods, services, facilities, privileges,
advantages, accommodations, or other opportunities to an individual
or entity because of the known  isability of an individual with
whom the individual or entity is known to have  relationship or
association.

     (2) Specific prohibitions.
          (A) Discrimination. For purposes of subsection (a),
discrimination includes
          (i) the imposition or application of eligibility criteria
that screen ut or tend to screen out an individual with a
disability or any class of  ndividuals with disabilities from fully
and equally enjoying any goods, services, facilities, privileges,
advantages, or accommodations, unless such  riteria can be shown to
be necessary for the provision of the goods, services, facilities,
privileges, advantages, or accommodations being offered;
          (ii) a failure to make reasonable modifications in
policies, practices, or procedures, when such modifications are
necessary to afford such oods, services, facilities, privileges,
advantages, or accommodations to ndividuals with disabilities,
unless the entity can demonstrate that making uch modifications
would fundamentally alter the nature of such goods, services,
facilities, privileges, advantages, or accommodations;
          (iii) a failure to take such steps as may be necessary to
ensure that o individual with a disability is excluded, denied
services, segregated or therwise treated differently than other
individuals because of the absence of uxiliary aids and services,
unless the entity can demonstrate that taking such steps would
fundamentally alter the nature of the good, service, facility,
privilege, advantage, or accommodation being offered or would
result in an undue burden;
          (iv) a failure to remove architectural barriers, and
communication
barriers that are structural in nature, in existing facilities, and
transportation barriers in existing vehicles and rail passenger
cars used by an establishment for transporting individuals (not
including barriers that can only be removed through the
retrofitting of vehicles or rail passenger cars by the
installation of a hydraulic or other lift), where such removal is
readily achievable; and
          (v) where an entity can demonstrate that the removal of
a barrier under clause (iv) is not readily achievable, a failure to
make such goods, services, facilities, privileges, advantages, or
accommodations available through alternative methods if such
methods are readily achievable.
          (B) Fixed route system.
          (i) Accessibility. It shall be considered discrimination
for a private entity which operates a fixed route system and which
is not subject to section 304 to purchase or lease a vehicle with
a seating capacity in excess of 16 passengers (including the
driver) for use on such system, for which a  solicitation is made
after the 30th day following the effective date of this
subparagraph, that is not readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs.
          (ii) Equivalent service. If a private entity which
operates a fixed route system and which is not subject to section
304 purchases or leases a vehicle with a seating capacity of 16
passengers or less (including the driver) for use on such system
after the effective date of this subparagraph that is not readily
accessible to or usable by individuals with disabilities, it shall
be considered discrimination for such entity to fail to operate
such system so that, when viewed in its entirety, such system
ensures a level of service to individuals with disabilities,
including individuals who use wheelchairs, equivalent to the level
of service provided to individuals without disabilities.
          (C) Demand responsive system. For purposes of subsection
(a), discrimination includes
          (i) a failure of a private entity which operates a demand
responsive system and which is not subject to section 304 to
operate such system so that, when viewed in its entirety, such
system ensures a level of service to individuals with disabilities,
including individuals who use wheelchairs, equivalent to the level
of service provided to individuals without disabilities; and
          (ii) the purchase or lease by such entity for use on such
system of a vehicle with a seating capacity in excess of 16
passengers (including the driver), for which solicitations are made
after the 30th day following the effective date of this
subparagraph, that is not readily accessible to and usable by
individuals with disabilities (including individuals who use
wheelchairs) unless such entity can demonstrate that such system,
when viewed in its entirety, provides a level of service to
individuals with disabilities equivalent to that provided to
individuals without disabilities.
          (D) Over-the- road buses.
          (i) Limitation on applicability. Subparagraphs (B) and
(C) do not apply to over-the-road buses.
          (ii) Accessibility requirements. For purposes of
subsection (a), discrimination includes (I) the purchase or lease
of an over-the-road bus which does not comply with the regulations
issued under section 306(a)(2) by a private entity which provides
transportation of individuals and which is not primarily engaged in
the business of transporting people, and (II) any other failure of
such entity to comply with such regulations.

     (3) Specific Construction. Nothing in this title shall require
an entity to permit an individual to participate in or benefit from
the goods, services, facilities, privileges, advantages and
accommodations of such entity where such individual poses a direct
threat to the health or safety of others. The term ``direct
threat'' means a significant risk to the health or safety of others
that cannot be eliminated by a modification of policies, practices,
or procedures or by the provision of auxiliary aids or services.

Sec. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC ACCOMMODATIONS
     And COMMERCIAL FACILITIES.

(a) Application of Term. Except as provided in subsection (b), as
applied to public accommodations and commercial facilities,
discrimination for purposes of section 302(a) includes
     (1) a failure to design and construct facilities for first
occupancy later than 30 months after the date of enactment of this
Act that are readily accessible to and usable by individuals with
disabilities, except where an entity can demonstrate that it is
structurally impracticable to meet the requirements of such
subsection in accordance with standards set forth or incorporated
by reference in regulations issued under this title; and
     (2) with respect to a facility or part thereof that is altered
by, on behalf of, or for the use of an establishment in a manner
that affects or could affect the usability of the facility or part
thereof, a failure to make alterations in such a manner that, to
the maximum extent feasible, the altered portions of the facility
are readily accessible to and usable by kindividuals with
disabilities, including individuals who use wheelchairs. Where the
entity is undertaking an alteration that affects or could affect
usability of or access to an area of the facility containing a
primary function, the entity shall also make the alterations in
such a manner that, to the maximum extent feasible, the path of
travel to the altered area and the bathrooms, telephones, and
drinking fountains serving the altered area, are readily accessible
to and usable by individuals with disabilities where such
alterations to the path of travel or the bathrooms, telephones, and
drinking fountains serving the altered area are not
disproportionate to the overall alterations in terms of cost and
scope (as determined under criteria established by the Attorney
General).

(b) Elevator. Subsection (a) shall not be construed to require the
installation of an elevator for facilities that are less than three
stories or have less than 3,000 square feet per story unless the
building is a shopping center, a shopping mall, or the professional
office of a health care provider or unless the Attorney General
determines that a particular kcategory of such facilities requires
the installation of elevators based on the kusage of such
facilities.

Sec. 304. PROHIBITION OF DISCRIMINATION IN SPECIFIED PUBLIC
     TRANSPORTATION SERVICES PROVIDED BY PRIVATE ENTITIES.

(a) General Rule. No individual shall be discriminated against on
the basis of disability in the full and equal enjoyment of
specified public transportation services provided by a private
entity that isprimarily engaged in the business of transporting
people and whose operations affect commerce.

(b) Construction. For purposes of subsection (a), discrimination
includes

     (1) the imposition or application by a entity described in
subsection (a) of eligibility criteria that screen out or tend to
screen out an individual with a disability or any class of
individuals with disabilities from fully enjoying the specified
public transportation services provided by the entity, unless such
criteria can be shown to be necessary for the provision of the
services being offered;

     (2) the failure of such entity to
          (A) make reasonable modifications consistent with those
required under section 302(b)(2)(A)(ii);
          (B) provide auxiliary aids and services consistent with
the requirements of section 302(b)(2)(A)(iii); and
          (C) remove barriers consistent with the requirements of
section 302(b)(2)(A) and with the requirements of section
303(a)(2);

     (3) the purchase or lease by such entity of a new vehicle
(other than an automobile, a van with a seating capacity of less
than 8 passengers, including the driver, or an over-the-road bus)
which is to be used to provide specified public transportation and
for which a solicitation is made after the 30th day following the
effective date of this section, that is not readily accessible to
and usable by individuals with disabilities, including individuals
who use wheelchairs; except that the new vehicle need not be
readily accessible to and usable by such individuals if the new
vehicle is to be used solely in a demand responsive system and if
the entity can demonstrate that such system, when viewed in its
entirety, provides a level of service to such individuals
equivalent to the level of service provided to the general public;

     (4)
          (A) the purchase or lease by such entity of an
over-the-road bus which does not comply with the regulations issued
under section 306(a)(2); and
          (B) any other failure of such entity to comply with such
regulations; and

     (5) the purchase or lease by such entity of a new van with a
seating capacity of less than 8 passengers, including the driver,
which is to be used to provide specified public transportation and
for which a solicitation is made fter the 30th day following the
effective date of this section that is not eadily accessible to or
usable by individuals with disabilities, including ndividuals who
use wheelchairs; except that the new van need not be readily
ccessible to and usable by such individuals if the entity can
demonstrate that he system for which the van is being purchased or
leased, when viewed in its ntirety, provides a level of service to
such individuals equivalent to the level of service provided to the
general public;

     (6) the purchase or lease by such entity of a new rail
passenger car that s to be used to provide specified public
transportation, and for which a olicitation is made later than 30
days after the effective date of this aragraph, that is not readily
accessible to and usable by individuals with isabilities, including
individuals who use wheelchairs; and

     (7) the remanufacture by such entity of a rail passenger car
hat is to be used to provide specified public transportation so as
to extend ts usable life for 10 years or more, or the purchase or
lease by such entity f such a rail car, unless the rail car, to the
maximum extent feasible, is ade readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs.

(c) Historical or Antiquated Cars.

     (1) Exception. To the extent that compliance with subsection
(b)(2)(C) or b)(7) would significantly alter the historic or
antiquated character of a istorical or antiquated rail passenger
car, or a rail station served xclusively by such cars, or would
result in violation of any rule, regulation, standard, or order
issued by the Secretary of kTransportation under the Federal
Railroad Safety Act of 1970, such compliance shall not be required.

     (2) Definition. As used in this subsection, the term
``historical or ntiquated rail passenger car'' means a rail
passenger car
          (A) which is not less than 30 years old at the time of
its use for ransporting individuals;
          (B) the manufacturer of which is no longer in the
business of anufacturing rail passenger cars; and
          (C) which
(i) has a consequential association with events or persons
significant o the past; or
          (ii) embodies, or is being restored to embody, the
distinctive haracteristics of a type of rail passenger car used in
the past, or to epresent a time period which has passed.

Sec. 305. STUDY.

a) Purposes. The Office of Technology Assessment shall undertake a
study to determine
     (1) the access needs of individuals with disabilities to
over-the-road buses and over-the-road bus service; and
     (2) the most cost-effective methods for providing access to
over-the-road buses and over-the-road bus service to individuals
with disabilities, particularly individuals who use wheelchairs,
through all forms of boarding options.

(b) Contents. The study shall include, at a minimum, an analysis of
the following:
     (1) The anticipated demand by individuals with disabilities
for accessible ver-the-road buses and over-the-road bus service.
     (2) The degree to which such buses and service, including any
service required under sections 304(b)(4) and 306(a)(2), are
readily accessible to and sable by individuals with disabilities.
     (3) The effectiveness of various methods of providing
accessibility to uch buses and service to individuals with
disabilities.
     (4) The cost of providing accessible over-the-road buses and
bus service to individuals with disabilities, including
consideration of recent technological and cost saving developments
in equipment and devices.
     (5) Possible design changes in over-the-road buses that could
enhance accessibility, including the installation of accessible
restrooms which do not esult in a loss of seating capacity.
     (6) The impact of accessibility requirements on the
continuation of over-the-road bus service, with particular
consideration of the impact of such equirements on such service to
rural communities.

End of part 5