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Public Accommodations, such as:
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Restaurants
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Hotels
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Theaters
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Doctors' offices
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Pharmacies
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Retail stores
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Museums
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Libraries
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Parks
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Private schools
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Day care centers
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may not discriminate on the basis of disabilities, effective January 26, 1992.
A public accommodation is any private entity that owns, operates, leases, or leases to, a place of public accommodation. Reasonable changes in policies, practices and procedures must be made to avoid discrimination.
Auxiliary aids and services must be provided to individuals with vision or hearing impairments or other individuals with disabilities so that they can have an equal opportunity to participate or benefit, unless an undue burden would result.
Physical barriers in existing facilities must be removed if removal is readily achievable (i.e., easily accomplishable and able to be carried out without much difficulty or expense). If not, alternative methods of providing the services must be offered, if those methods are readily achievable.
All new construction in public accommodations as well as in commercial facilities such as office buildings, must be accessible. If such facilities are located in multi-story buildings, accessible elevators are generally required to serve all floors. Exemptions may be granted under certain conditions outlined in ADA Access Design Standards and/or the Texas Accessibility Standards.
Alterations must be accessible. When alterations to primary function areas are made, an accessible path of travel to the altered areas (and the restrooms, telephones and drinking fountains serving those areas) must be provided to the extent that added accessibility costs are not disproportionate to the overall cost of the alterations. Elevators are required as described above.
Entities such as hotels that also offer transportation generally must provide equivalent transportation service to individuals with disabilities. New fixed-route vehicles ordered on or after August 26, 1990, and capable of carrying more than 16 passengers, must be accessible. Public accommodations must not discriminate against an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.
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