42 U.S.C. § 12181: Definitions

among the several States; between any foreign country or any territory or possession and any State; or between points in the same State but through another State or foreign country. that are intended for nonresidential use; and whose operations will affect commerce. The term “demand responsive system” means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system. The term “fixed route system” 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. The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment. The term “private entity” means any entity other than a public entity (as defined in section 12131(1) of this title ). 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; a restaurant, bar, or other establishment serving food or drink; a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; an auditorium, convention center, lecture hall, or other place of public gathering; a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; 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; a terminal, depot, or other station used for specified public transportation; a museum, library, gallery, or other place of public display or collection; a park, zoo, amusement park, or other place of recreation; a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education; a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation. The terms “rail” and “railroad” have the meaning given the term “railroad” in section 20102(1) 1 of title 49. the nature and cost of the action needed under this chapter; 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; 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 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. The term “specified public transportation” 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. The term “vehicle” does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in section 12162 of this title or covered under this subchapter. Except as provided in subsections (b) and (c), this title [enacting this subchapter] shall become effective 18 months after the date of the enactment of this Act [ July 26, 1990 ]. during the first 6 months after the effective date, against businesses that employ 25 or fewer employees and have gross receipts of $1,000,000 or less; and during the first year after the effective date, against businesses that employ 10 or fewer employees and have gross receipts of $500,000 or less. Sections 302(a) [ section 12182(a) of this title ] for purposes of section 302(b)(2)(B) and (C) only, 304(a) [ section 12184(a) of this title ] for purposes of section 304(b)(3) only, 304(b)(3), 305 [ section 12185 of this title ], and 306 [ section 12186 of this title ] shall take effect on the date of the enactment of this Act [ July 26, 1990 ].”