QUESTION:
What is the difference between the American’s With Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008 when it comes to privately owned public buildings?
ANSWER:
The ADA of 1990 wasn’t explicitly clear regarding privately owned publicly accessible buildings. With the ADA Amendments Act of 2008, we get a little better definition of “commerce” as it relates to privately owned public buildings. See below from 42 U.S. Code § 12181 – Definition (of Commerce):
SUBCHAPTER III – PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES
Sec. 12181. Definitions
As used in this subchapter:
(1) Commerce
The term “commerce” means travel, trade, traffic, commerce, transportation, or communications
(A) among the several States;
(B) between any foreign country or any territory or possession and any State; or
(C) between points in the same State but through another State or foreign country.
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Interested in learning more? Stay tuned as we continue our summer series with new posts detailing the main differences between the ADA of 1990 and the ADA Amendments Act of 2008. We’ll be sharing this information over the course of the summer, so check back often!