ADA - Title III Public Accommodations Complaint Procedure Go back to Table of Contents Go back to Complaint Procedures Go forward to ADA - Title IV Telecom Relay Services Complaint Procedure Return to Web Version

"Just because a company offers a service to the public at large, do they have to offer it to me?" Certain services offered to the general public by private enterprises qualify as public accommodations. Title III of the Americans with Disabilities Act is intended to make sure that people with disabilities are able to access the same services as the rest of the community.

CAUTION: Title III of the ADA may have limited applicability to inaccessible Internet technologies and websites. You are strongly urged to consult with an attorney or your local Protection and Advocacy organization (www.napas.org) for specific legal advice before proceeding with an ADA-based complaint about inaccessible technology in court.

Summary of this part of the ADA that is relevant to inaccessible technology: Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

When to use this procedure: You are a person with a disability, and you believe that you have encountered discrimination because you cannot access a public accommodation or service operated by a private entity. In the context of this guide, that discrimination may involve an inability to use a business' or non-profit's technology, such as, a website for shopping, research, or entertainment; an information kiosk; or TTYs in certain places.

Products and services that are covered by ADA - Title III:

• Technology used by private entities to support places of lodging, establishments serving food and drink, places of exhibition or entertainment, places of public gathering, sales or rental establishments, service establishments, stations used for specified public transportation, places of public display or collection, places of recreation, places of education, social service center establishments, and places of exercise or recreation



• Technology used to support commercial facilities (such as warehouses, factories, and office buildings)



• Technology used to support private transportation services



• Technology used to support licensing and testing practices

Other "fine print":

• Discrimination by air carriers in areas other than employment is not covered by the ADA but rather by the Air Carrier Access Act (49 U.S.C. 1374 (c))



• Title III may be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court.



• The Department of Justice is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of Title III, or where an act of discrimination raises an issue of general public importance.

How to proceed with the complaint process:

Contact the person who manages the public accommodations and try to resolve the problem	Provide: A description of the act or acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individuals who you believe discriminated Any suggestions for remedying the alleged violations of ADA
Document your interactions with the business or non-profit that is providing the accommodations	Dates of conversations, emails, letters or faxes Person(s) with whom you interacted, including their contact information Details of your conversations Copies of emails, letters or faxes
If you cannot resolve the problem directly with the business or non-profit service provider...
Build and document your case in a letter of complaint	Your full name, address, and telephone number, and the name of the person discriminated against The name of the business, organization, or institution that you believe has discriminated A description of the act or acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individuals who you believe discriminated
Gather additional information for the letter of complaint, if possible	Name or names of the individuals or entities who have an ownership and/or managerial interest in each facility or business that is the subject of your complaint, with phone numbers and addresses, including ZIP codes, if you have them Information specifying whether the facility is owned and/or operated by a private entity or a state or local government The nature of the activity or service provided by the business Any suggestions for remedying the alleged violations of ADA Information about whether you have filed a related complaint with a U.S. Attorney's Office, or any other Federal, state, or local agency, or any court, or whether you intend to file such a complaint.
Sign and mail the letter of complaint to the Department of Justice	U.S. Department of Justice Civil Rights Division Disability Rights Section - NYAV 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Tip: In certain situations, cases may be referred to a mediation program sponsored by the Department. Voice: 1-800-514-0301 TTY: 1-800-514-0383

If you are interested in learning more about the ADA, check out these resources:

• The Department of Justice's Guide to Disability Rights Laws



• The Department of Justice's Questions and Answers on the ADA



• The National Council on Disability's position paper called, When the Americans with Disabilities Act Goes Online: Application of the ADA to the Internet and the Worldwide Web
  
  
• The Department of Justice's Title III Technical Assistance Manual



• The Department of Justice's information page on How to File a Title III Complaint

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