Is the Inside of the Non-Accessible Hotel Room a Public Space with the Jurisdiction Being the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) Handbook published by the Equal Employment Opportunity Commission (EEOC), has the following section:

Title III Public Accommodations and Services Operated by Private Entities
302 Prohibition of Discrimination by Public Accommodation.
302(a) General Rule.
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 

We now have the ADA Amendments Act of 2008:

Subchapter III – Public Accommodations and Services Operated by Private Entities [Title III].
12182 Prohibition of discrimination by public accommodations [Section 302].
12182(a) General rule.
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”

We have several clues.  In the Final Fair Housing Act, the entrance door exterior side is public space with required clearances, while the interior side of the entrance door is private space with no clearance requirements.  

In the ADA & ABA Accessibility Guidelines; Final Rule written by the Access Board and published on 07.23.04, with an effective date of 09.21.04, we have the following section:

Chapter 2 Scoping Requirements.
224 Transient Lodging Guest Rooms.
224.1 General.
224.1.2 Guest Room Doors and Doorways.
“Entrances, doors, and doorways providing user passage into and within guest rooms that are required to provide mobility features complying with 806.2 shall comply with 404.2.3.”

EXCEPTION:  “Shower and sauna doors in guest rooms that are not required to provide mobility features complying with 806.2 shall not be required to comply with 404.2.3.”

Advisory 224.1.2 Guest Room Doors and Doorways.

“Because of the social interaction that often occurs in lodging facilities, an accessible clear opening width is required for doors and doorways to and within all guest rooms, including those not required to be accessible.  This applies to all doors, including bathroom doors, that allow full user passage.  Other requirements for doors and doorways in Section 404 do not apply to guest rooms not required to provide mobility features.”

404.2.3 Clear Width.

“Door openings shall provided a clear width of 32 inches minimum.”

Therefore, the only accessibility requirement in the non-accessible guest room is the 32 inch minimum doorway clear width.  In the opinion of ACCESS, the exterior side of the entrance door to the non-accessible guest room is considered public space, and the interior of the guest room and all other inside space is considered private space with the only accessibility requirement being that pass-through doorways have 32 inch minimum clear width.

 

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Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.