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U.S. Code as of:
01/19/04
Section 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.).
(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.
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