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Apart from those addressed by ADAAG, the Department sees no reason to
treat a particular type of sales or rental establishment differently
from any other. Although banks and travel services are not included as
sales or rental establishments, because they do not fall under
paragraph (5) of the definition of place of public accommodation,
grocery stores and drug stores are included.
The Department has declined to include places of public
accommodation other than sales or rental establishments in the
definition. The statutory definition of public accommodation
(section 301(7)) lists 12 types of establishments that are considered
public accommodations. Category (E) includes a bakery, grocery store,
clothing store, hardware store, shopping center, or other sales or
rental establishment. This arrangement suggests that it is only these
types of establishments that would make up a shopping center for
purposes of the statute. To include all types of places of public
accommodation, or those from 6 or 7 of the categories, as commenters
suggest, would overly limit the elevator exemption; the universe of
facilities covered by the definition of shopping center could well
exceed the number of multitenant facilities not covered, which would
render the exemption almost meaningless.
For similar reasons, the Department is retaining the requirement
that a building or series of buildings must house five or more sales or
rental establishments before it falls within the definition of
shopping center. Numerous commenters objected to the number and
requested that the number be lowered from five to three or four.
Lowering the number in this manner would include an inordinately large
number of two-story multitenant buildings within the category of those
required to have elevators.
(Code of Federal Regulations. Title 28, Volume 1. TITLE 28--JUDICIAL ADMINISTRATION. CHAPTER
I--DEPARTMENT OF JUSTICE. PART 36_NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC
ACCOMMODATIONS AND IN COMMERCIAL FACILITIES CITE: 28CFR36
)
