Some key ADA issues of public entities:

- “Equal opportunity” means that state funded or sponsored programs and activities have to be conducted in such a way as to assure an opportunity for people with disabilities even if in fact it's “known” (de jure discrimination) that no one who is disabled will “in fact” participate.

- People with disabilities have to be given opportunities to meaningfully participate through all aspects of a program, not just certain parts.

- States cannot avoid responsibility for compliance by partnering, or hiding behind a third-party contract provider, for services with agencies or actors who in turn discriminate against people with disabilities.

- Always check program descriptions, on flyers and brochures for example, to be sure they express some explicit and written or otherwise communicated facts and status about reasonable accommodation. After all, the brochure is the beginning of equal access, based on informing ALL members of the public.

Private Entities/Title III

Private entities are privately held for profit and not-for-profit entities. There are 12 general categories of entities:

1. Lodgings.

2. Food and bar accommodations.

3. Exhibition, entertainment, or event venues.

4. Any places of public gathering (such as a convention center).

5. Sales, retail, wholesale outlets, such as stores, malls, shopping centers.

6. Service establishments (e.g., banks, law firms, hospitals, doctor officers, cleaners).

7. Public transportation hubs EXCEPT for airports (think 9/11 changes).

8. Places of public displays, such as museums, cultural centers, or libraries.

9. Places of recreation, such as parks, campgrounds, or zoos.

10. Educational facilities, including private schools.

11. Social service facilities, including food banks or day-care facilities.

12. Gyms and spas, bowling alleys, golf and indoor or outdoor recreational facilities.