Title III - Public Accommodations (and Commercial Facilities)

Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. "Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things.

Most of the lawsuits filed under Title III of the ADA deal with the physical conditions or "accessibility" of physical places. Under Title III of the ADA, all "new construction" (construction, modification or alterations) after the effective date of the ADA (approximately July of 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines ("ADAAG") found in the Code of Federal Regulations at 28 C.F.R., Part 36, Appendix "A." Perhaps even more importantly is the fact that Title III also has application to already existing facilities. One of the definitions of "discrimination" under Title III of the ADA is a "failure to remove" architectural barriers in existing facilities. This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable," defined as "easily accomplished without much difficulty or expense." The statutory definition of "readily achievable" calls for a balancing test between the cost of the proposed "fix" and the financial wherewithal of the business and/or owners of the business. Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small "mom-n-pop" outfit.

There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in the National Register of Historic Places, or properties designated as historic under State or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards my be used. Nonetheless, as Frank Bowe predicted when he testified as the lead witness on Title III in the Senate hearings leading up to enactment, the fact that Title III calls for accessibility in, and alterations to, many thousands of stores, restaurants, hotels, etc., in many thousands of communities across the U.S. means that this Title probably has had more effect on the lives of more Americans with disabilities than any other ADA title.

Title IV - Telecommunications

Title IV of the ADA amended the landmark 1934 Communications Act by requiring that all of the 1,600 some-odd telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect, in the early 1990s, it led to installation of public Teletypewriter (TTY) machines and other TDDs (Telecommunications Device for the Deaf). Title IV also led to creation, in all 50 States and the District of Columbia, of what were then called dual-party relay services and now are known as Telecommunications Relay Services (TRS). Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. Some are video relay service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed/typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month. That statistic captures the tremendous impact of Title IV. It has made it not only possible, but very easy, for people who are deaf, hard of hearing, and/or speech-impaired to call friends and co-workers, order a pizza, or make a doctor appointment.

Title V - Miscellaneous Provisions

Title V includes technical provisions. It discusses, for example, the fact that nothing in the ADA amends overrides or cancels anything in Section 504

Groups that worked to pass the ADA

The ADA is notable because many disparate groups came together for a common purpose. In addition, other civil rights groups outside the disability community helped. The late Justin Dart worked tirelessly, traveling to all 50 States, to bring these many groups together in common cause.

AIDS Action Council
AIDS National Interfaith Network
American Civil Liberties Union
American Foundation for the Blind
Americans Disabled for Accessible Public Transit (ADAPT)
Association for Education and Rehabilitation of the Blind and Visually Handicapped
Association for Retarded Citizens
Consortium for Citizens with Disabilities
Disability Rights Education and Defense Fund
Dole Foundation
Easter Seals
Eastern Paralyzed Veterans of America
Epilepsy Foundation of America
Human Rights Campaign Fund
Institution for Rehabilitation and Research
Leadership Conference on Civil Rights
Legal Action Center
Mental Health Law Project
National Association of the Deaf
National Association of Developmental Disabilities Councils
National Association of Protection and Advocacy Systems
National Center for Law and the Deaf
National Council of Independent Living
National Council on Disability
National Disability Action Center
National Organization Responding to AIDS
National Organization on Disability
Paralysed Veterans of America
President's Committee on Employment of People with Disabilities
Society for Accessible Travel & Hospitality
Spina Bifida Association of America
United Cerebral Palsy Association