{"identifier":"/us/usc/t42/s12181","title":42,"num":"\u00a7\u202f12181.","heading":"Definitions","text":"\u00a7\u202f12181.\nDefinitions\nAs used in this subchapter:\n(1)\nCommerce\nThe term \u201ccommerce\u201d means travel, trade, traffic, commerce, transportation, or communication\u2014\n(A) among the several States;\n(B) between any foreign country or any territory or possession and any State; or\n(C) between points in the same State but through another State or foreign country.\n(2)\nCommercial facilities\nThe term \u201ccommercial facilities\u201d means facilities\u2014\n(A) that are intended for nonresidential use; and\n(B) whose operations will affect commerce.\nSuch term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in\nsection 12162 of this title\n1\n1 See References in Text note below.\n42 U.S.C. 3601\n(3)\nDemand responsive system\nThe term \u201cdemand responsive system\u201d means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.\n(4)\nFixed route system\nThe term \u201cfixed route system\u201d 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.\n(5)\nOver-the-road bus\nThe term \u201cover-the-road bus\u201d means a bus characterized by an elevated passenger deck located over a baggage compartment.\n(6)\nPrivate entity\nThe term \u201cprivate entity\u201d means any entity other than a public entity (as defined in\nsection 12131(1) of this title\n(7)\nPublic accommodation\nThe following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce\u2014\n(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;\n(B) a restaurant, bar, or other establishment serving food or drink;\n(C) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;\n(D) an auditorium, convention center, lecture hall, or other place of public gathering;\n(E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;\n(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;\n(G) a terminal, depot, or other station used for specified public transportation;\n(H) a museum, library, gallery, or other place of public display or collection;\n(I) a park, zoo, amusement park, or other place of recreation;\n(J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;\n(K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and\n(L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.\n(8)\nRail and railroad\nThe terms \u201crail\u201d and \u201crailroad\u201d have the meaning given the term \u201crailroad\u201d in section 20102(1)\n1\n(9)\nReadily achievable\nThe term \u201creadily achievable\u201d 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\u2014\n(A) the nature and cost of the action needed under this chapter;\n(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;\n(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\n(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.\n(10)\nSpecified public transportation\nThe term \u201cspecified public transportation\u201d 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.\n(11)\nVehicle\nThe term \u201cvehicle\u201d does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in\nsection 12162 of this title","url":"https://projectusc.org/usc/t42/s12181.html","content":[{"t":"sec","id":"/us/usc/t42/s12181","children":[{"t":"num","text":"\u00a7\u202f12181."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this subchapter:"},{"t":"para","id":"/us/usc/t42/s12181/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Commerce"},{"t":"chapeau","text":"The term \u201ccommerce\u201d means travel, trade, traffic, commerce, transportation, or communication\u2014"},{"t":"subpara","id":"/us/usc/t42/s12181/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" among the several States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" between any foreign country or any territory or possession and any State; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" between points in the same State but through another State or foreign country.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Commercial facilities"},{"t":"chapeau","text":"The term \u201ccommercial facilities\u201d means facilities\u2014"},{"t":"subpara","id":"/us/usc/t42/s12181/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" that are intended for nonresidential use; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" whose operations will affect commerce.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in ","children":[{"t":"ref","text":"section 12162 of this title","href":"/us/usc/t42/s12162","tail":" 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\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" ("},{"t":"ref","text":"42 U.S.C. 3601","href":"/us/usc/t42/s3601","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Demand responsive system"},{"t":"content","children":[{"t":"p","text":"The term \u201cdemand responsive system\u201d means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Fixed route system"},{"t":"content","children":[{"t":"p","text":"The term \u201cfixed route system\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Over-the-road bus"},{"t":"content","children":[{"t":"p","text":"The term \u201cover-the-road bus\u201d means a bus characterized by an elevated passenger deck located over a baggage compartment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Private entity"},{"t":"content","children":[{"t":"p","text":"The term \u201cprivate entity\u201d means any entity other than a public entity (as defined in ","children":[{"t":"ref","text":"section 12131(1) of this title","href":"/us/usc/t42/s12131/1","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Public accommodation"},{"t":"chapeau","text":"The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce\u2014"},{"t":"subpara","id":"/us/usc/t42/s12181/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a restaurant, bar, or other establishment serving food or drink;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" an auditorium, convention center, lecture hall, or other place of public gathering;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" a terminal, depot, or other station used for specified public transportation;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" a museum, library, gallery, or other place of public display or collection;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" a park, zoo, amusement park, or other place of recreation;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/J","children":[{"t":"num","text":"(J)"},{"t":"content","text":" a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/K","children":[{"t":"num","text":"(K)"},{"t":"content","text":" a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/7/L","children":[{"t":"num","text":"(L)"},{"t":"content","text":" a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Rail and railroad"},{"t":"content","children":[{"t":"p","text":"The terms \u201crail\u201d and \u201crailroad\u201d have the meaning given the term \u201crailroad\u201d in section 20102(1)\u202f","children":[{"t":"text","text":"1","tail":" of title 49."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Readily achievable"},{"t":"chapeau","text":"The term \u201creadily achievable\u201d 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\u2014"},{"t":"subpara","id":"/us/usc/t42/s12181/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the nature and cost of the action needed under this chapter;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/9/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12181/9/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Specified public transportation"},{"t":"content","children":[{"t":"p","text":"The term \u201cspecified public transportation\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12181/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Vehicle"},{"t":"content","children":[{"t":"p","text":"The term \u201cvehicle\u201d does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in ","children":[{"t":"ref","text":"section 12162 of this title","href":"/us/usc/t42/s12162","tail":" or covered under this subchapter."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}