Title II or Title III? Determining ADA Compliance for Your Facility
- Corey Taylor
- Oct 28, 2024
- 3 min read
Updated: Mar 18
Understanding ADA Titles for Compliance
Under the ADA, determining if your facility is a Title II or Title III entity is crucial, as each title carries distinct requirements. Both are designed to ensure accessibility for people with disabilities but apply to different types of entities:
Title II covers State and local government facilities, including any services, programs, or activities they offer.
Title III applies to public accommodations and commercial facilities. This includes places open to the public such as restaurants, hotels, theaters, stores, and offices of private businesses.
What Is a Title II Facility?
Title II of the ADA mandates that all state and local government facilities, regardless of size or budget, be accessible to people with disabilities. This includes:
Government-operated public services, such as police stations, fire departments, and city parks.
Educational institutions (if publicly funded), like state universities and public school facilities.
Transportation services provided by public agencies, which must ensure accessible transit and facilities.
Key Compliance Requirements: Facilities under Title II must meet ADA standards when constructing new buildings, altering existing facilities, and ensuring access to programs and services. There is also a broader focus on "program accessibility," meaning services should be accessible even if the entire building isn’t.
Identifying a Title III Facility
Title III applies to private businesses and non-profit organizations that are considered public accommodations. These include:
Hotels, restaurants, retail stores, and theaters—any place open to and serving the public.
Private educational institutions, such as private schools, colleges, or trade schools.
Commercial facilities (factories, warehouses, etc.) that are not open to the general public but still must meet ADA standards in their construction.
Key Compliance Requirements: For Title III entities, ADA standards focus on barrier removal, ensuring accessibility in areas where customers, clients, or guests interact with the business. Notably, Title III mandates that public accommodations make "readily achievable" modifications to improve accessibility.
Questions to Ask: Title II or Title III?
If you're unsure which category your facility falls under, consider these questions:
Is the facility owned or operated by a state or local government? If yes, it’s likely under Title II.
Is the facility open to the public, like a store or hotel, but privately owned? If yes, Title III standards probably apply.
Is the primary purpose of the facility to serve the public in an educational, commercial, or social capacity? Title III likely applies to privately operated spaces, while public schools and state universities fall under Title II.
Understanding Overlaps and Exceptions
Some facilities may have dual roles, falling under both Title II and Title III. For example:
Public-private partnerships: Facilities shared between a public entity and a private business may need to comply with both Title II and Title III standards.
Government-leased space in a private building: If a government agency leases a space in a private commercial building, the space would typically need to comply with Title II, even though the rest of the building may follow Title III.
Final Thoughts: Ensuring Compliance
Understanding whether your facility is governed by Title II or Title III is the first step in ensuring ADA compliance. For public entities, the focus is on program accessibility across services. For private entities, the emphasis is on physical accessibility and barrier removal in spaces open to the public.
Citations
For further reference, here are relevant ADA sections:
Title II regulations: 2010 ADA Standards, Title II - 28 CFR Part 35
Title III regulations: 2010 ADA Standards, Title III - 28 CFR Part 36
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