Disability rights in public accommodations

MOD can help both staff and customers understand their rights and obligations in places that serve the public

A public accommodation is any place which is open to and does business with the general public.

The Mass Office on Disability (MOD) can help staff and customers understand:

  • Disability rights and obligations in places that serve the public
  • How to navigate the reasonable modification process
  • Practical ways to address a disability rights issue

Table of Contents

Relevant laws

This section lists the main disability rights laws that apply to public accommodations. There are also accessibility regulations (building codes) that apply.

Americans with Disabilities Act (ADA), Title III

42 USC Chapter 126 Sections 12101-12103 and Sections 12181-12189

The ADA is a federal law that aims to ensure people with disabilities have the same rights and opportunities as everyone else. Title III prohibits public accommodations from discriminating because of a customer’s disability. This means that places that serve the public must:

  • Not treat customers worse because of their disability or create unnecessary barriers for people with disabilities,
  • Provide effective communication for people with vision, hearing and speech disabilities,
  • Follow minimum standards for accessibility for alteration and new construction of facilities,
  • Remove barriers in existing buildings where it is easy to do so, and
  • Make reasonable modifications to their usual ways of doing things.

The ADA defines public accommodations as places that “affect commerce” and fall into one of 12  broad categories. This covers most places that provide access goods or services to the public, with exemptions for religious organizations and selective private clubs.

The ADA Standards for Accessible Design set minimum requirements for physical structures to be readily accessible to and usable by individuals with disabilities. 

Massachusetts Public Accommodations Law 

M.G.L. c. 272, section 92A and 98 

The Massachusetts public accommodations laws provide protection from discrimination in public accommodations for many groups. These Massachusetts laws prohibit places of public accommodation from discriminating against individuals with disabilities and require public places to provide goods and services in an accessible manner. Under these laws, public accommodations are defined as, "any place, whether licensed or unlicensed, which is open to and accepts or solicits the patronage of the general public." This definition is explicitly broader than the twelve categories under the ADA.

Massachusetts Architectural Access Regulations

CMR 521

The Massachusetts Architectural Access Board (MAAB) regulations are a specialized building code regarding access for persons with disabilities. The MAAB periodically updates the regulations. A building, streetscape or physical structure needs to comply with the version of the regulations that was current when it was built or last significantly updated.

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act provides protections for people with disabilities in places that receive federal funding. These places cannot deny individuals with disabilities the opportunity to participate in or benefit from federally funded programs, services, or other benefits or deny access to these programs, services, or benefits due to physical barriers. There are not many private businesses that receive federal funding. Section 504 is most often relevant in schools and hospitals, or other places that may fall under both Title III (public accommodations) and Title II (state and local government) of the ADA. 

What is a public accommodation?

A public accommodation is any place that is open to and does business with the general public. This includes: 

  • Places anyone can walk in to, like grocery stores, malls, restaurants. 
  • Places only available by appointment or reservation, like doctors' or accountants’ offices, hair or nail salons, hotels or vacation home rentals. 
  • Places you have to pay a fee or cover charge, like a bar or dance club, a concert or theater venue.  
  • Places with non-selective memberships, like gyms, museums, botanical gardens, summer camps, daycare providers, sports clubs. 
  • Services available to the public without a physical site, like lawn care, cleaning services, garbage collection, builders/contractors, testing entities.
  • Websites and e-commerce

This page discusses public accommodations that are owned by a business or non-profit. Similar requirements apply to spaces and events that are owned or funded by the state or local governments, such as libraries, state and local government buildings, and town festivals.  If you have questions related to a public place that is government-owned or funded, see Disability rights in government services

Exemptions

There are two exemptions (public places that do not have to not follow these laws): 

  1. Private club exemption: A private club is one with truly selective membership criteria. For information on factors courts have considered in this determination, see Private Clubs Under the ADA (ADA National Network).
  2. Religious entities exemption: This exemption applies to places of worship, like mosques, synagogues, and churches, as well as religious entities, like religious schools, religious stores, and shelters. Their programming is exempt whether it is religious or secular in nature. For more information on religious entities exemption, see the Religious Entities Exemption (ADA National Network).

These exemptions only apply to the religious organization or private club itself, not to others who utilize their space. For example, if a business rents a room in a church to host a conference, that business conference would not be exempt from public accommodation requirements. 

These exemptions mean the religious organization or private club does not have to follow the ADA obligations. However there may be other relevant laws or codes that apply, such as physical accessibility codes and Section 504 of the Rehabilitation Act. 

Basic obligations

Public accommodations must provide people with disabilities an equal opportunity to access the locations, goods, and services they offer to the public.

They must not discriminate against people with disabilities: they must not treat people with disabilities worse than others because of their disability.

In addition, there are specific obligations to:

  1. Provide effective communication to customers with disabilities. 
  2. Follow physical accessibility requirements.  
  3. Ensure digital accessibility
  4. Allow equal access to customers using service animals.
  5. Make reasonable modifications to their policies and procedures that are necessary for a customer with a disability to equally access that place’s goods, services, or programs. 

Some examples of disability discrimination in public places are:

  • Refusing to serve someone because of their disability. 
  • Creating additional barriers for customers with disabilities that don’t exist for customers without disabilities, such as additional fees or unnecessary eligibility requirements to enter.
  • Separating people with disabilities from other customers, unless necessary to provide equitable service. For example, if a person has a sensory disability, they might be seated in the private dining room of a restaurant to lessen the noise level.
  • Denying a modification request that was reasonable (meaning it did not meet one of the allowed reasons for denial ).
  • Retaliating against an individual with a disability because they asked for a reasonable modification.
  • Discriminating against a customer because of their association with a person with a disability. 

1. Effective communication

Public accommodations are required to provide effective communication to customers with communication disabilities (vision, hearing, and speech disabilities). The goal is for communication with customers with these disabilities to be equally effective as communication with customers without disabilities. What is required to achieve effective communication will depend on the individual’s needs and the setting.

For more information on the effective communication process, see:

2. Physical accessibility

[Coming soon]

3. Digital accessibility

The ADA requires public places to provide equal use and enjoyment of all of the goods and services they offer, which includes web-based services. This means that effective communication and reasonable modification requirements also apply to web-based services. Some features to consider are color contrast, use of alternative text, captions on videos, screen-reader accessibility, and keyboard navigation. While there is not currently a specific set of standards that apply to public places, you can take suggestions from the requirements for government entities.

For more information:

4. Service animals

People using service animals are legally allowed in the same areas the general public is allowed. See Service animals in public places and government programs for:

  • the difference between service animals and emotional support animals
  • how to identify a service animal
  • behavioral requirements for service animals 
  • other frequently asked questions.

5. Reasonable modifications

Reasonable modifications are changes or exceptions to policies, practices, procedures, or physical structures necessary for an individual with a disability to equally use, access, and enjoy goods, services, or facilities. People often use the term "reasonable accommodations" to mean the same thing.

For example, a gym member with a visual impairment might ask to have a reserved space directly next to the instructor in a fitness class so that they can see the instructor better and get more hands-on instruction to ensure they are using proper form. This would be a modification to the gym’s usual first come, first served arrangement of the fitness classroom. 

Public places are required to consider each modification request on a case-by-case basis and approve those requests that are “reasonable.” Public places don’t have to provide exactly the modification requested, as long as the alternative modification they provide is equally effective for the customer. 

For example, if a blind customer asks for a braille menu at a restaurant, alternative effective accommodations might include having the waiter read the menu aloud or providing an accessible digital version of the menu that could be read with the screen-reader technology on their cellphone. Any of these options would be equally effective because all three provide the customer with the ability to read the menu. It is generally acceptable to say that someone will have to wait for a complex modification. 

Reasons a request can be denied

The modification request can be denied if it is "unreasonable” to provide because it is a(n): 

  1. Fundamental alteration to the business: The request is completely outside the scope of the business. For example, a customer at a bakery asks the bakery office to drive them to and from the bakery using their bakery delivery truck. Bakeries are in the business of food production and delivery, not of transportation. The bakery can offer to deliver the baked goods via their truck instead of providing transportation. 
  2. Undue financial or administrative burden: The modification requested would be too costly or administratively complicated. Public places are expected to incur some costs from modifications as a cost of doing business. However, there is a limit to what cost would be considered reasonable. There is no specific amount or percentage that is officially considered unreasonable. This determination depends on the situation. For example, a customer who uses large mobility equipment visits a local beer garden. All of the tables are picnic tables that are hooked to the spot with concrete deep underground. There is the appropriate distance between the tables under the access codes. However, an individual who uses oversize mobility equipment is unable to pass through them, so they ask if a table can be moved. It would not be administratively possible for these tables to be dug up and moved in time for dinner service. So, the garden should try to find another way to accommodate the individual, such as by reserving the table on the end so that they don’t have to pass through the middle of the tables.
  3. Direct threat to health or safety: The request is “a significant risk to others that cannot be eliminated or reduced to an acceptable level by reasonable modifications to the public accommodation's policies, practices, or procedures or by the provision of appropriate auxiliary aids or services.” This determination must be made through an individualized assessment based on the nature, duration, and severity of the risk; the probability that injury will actually occur; and whether there is a modification that might mitigate or eliminate the risk. The determination may not be based on generalizations or stereotypes about the effects of a particular disability. For example, a customer has a service animal that is growling and lunging at others without provocation. Here, the direct threat is the animal rather than the individual, so the individual can be told to remove the animal, but should be offered service without the animal present. Read more from the DOJ Title III Assistance Manual.

Whether to make a reasonable modification request?

A reasonable modification request is useful to consider if:

  • An individual is facing obstacles to equal access to, or participation in, a public places’ goods, services, or programs,
  • The obstacles they are facing are because of their disability, 
  • There is a modification to address the obstacles that is possible and reasonable, and
  • There isn't an easier or faster way to address the obstacles, such as access codes.

For example: A shopping mall is built with 300 parking spaces but there are no accessible parking spaces. An HP-placard user has a straightforward way to have accessible parking spaces created because a certain number are required by the access codes: they can simply ask the building inspector to enforce the access code. So it doesn’t make sense for them to request accessible parking through a reasonable modification.

How does a customer request a reasonable modification? 

The laws do not set out a specific step-by-step process for requesting modifications in public settings. However, they do provide guidelines. 

Reasonable modification requests can be written or verbal. There is no need to use the term “reasonable modification” to make a request. Individuals have a brief interaction with most public places. So, in most cases, reasonable modifications will be simple, on the spot requests without medical letters of support. To show there is a disability-related need for the request, the individual should provide a simple explanation of:

  • The challenge they are facing to equal access, participation, or service in the public place
  • The functional limitations or symptoms related to the request. Individuals do not have to disclose their specific medical diagnosis if they don’t feel comfortable doing so
  • What modification they are requesting, and
  • Why the modification they are requesting would resolve that challenge (the link between the challenge, limitations, and modification requested).

Example: A customer is unable to use self-checkout because a flare-up of arthritis in her hand and wrist is making it impossible for her to grip her purchases. The customer would simply tell the closest staff member that she is having difficulty picking up the items due to stiffness in her hands and ask for their assistance in making her purchase. The staff member might complete the order at self-checkout or might help the customer move to a staffed checkout aisle.

Who to make the request to and when?

Usually people make requests to:

  • The nearest staff member
  • The Accessibility Office or Customer Service desk, if there is one, or
  • The general email address or phone number.

Larger organizations may have a specific group or individual assigned to handle reasonable accommodation requests. So the customer may be referred to someone else. In any case, if the first staff member is unable to appropriately respond to the request, then the individual could ask to discuss it with a staff member familiar with reasonable modifications, or ask for a supervisor or manager.

If the public place might need time to prepare the modification or the modification needs to be discussed, it is good practice to make the request well enough in advance of when it will be needed.

Example: An individual needs help reaching high objects at the book store. They want to ask for a staff member to help them. If they just turn up and make the request, they risk the store saying it is too busy and no-one will be available for a while. If they call ahead, the store can say: here are some times when staff could provide that assistance.

Most requests in public places will be simple, on the spot requests, such as asking for a staff person to grab an item from a high shelf or to print a document in larger font. However, there are some requests that will require more evaluation. These usually arise if the requested modification is more burdensome, but needed for equality because the situation or relationship is complicated, important or lengthy. 

It is good practice to make a request in advance if the public place might need time to prepare the modification or the modification needs to be discussed. 

Example: An individual cannot stand for more than 20 minutes due to their disability and they know that there is likely to be a long line to get into the concert venue, it would be a good idea for the individual to call the venue in advance to see if it would be possible to have a folding chair provided or if the venue could mark their place in line and allow them to wait in an alternative location where they could be seated. 

Supporting documentation

For most modification requests that are simple and on the spot, supporting documentation from a medical provider is not necessary and should not be requested. 

It is rare that a request to a public place will require a letter of support from a medical provider. Public places should remember that their analysis is rarely focused on determining whether a requester has a disability or what their symptoms are. The analysis will more likely be focused on the analysis of what the stated disability-related obstacle is and what would be an effective way to remove that obstacle.

In situations where the public place needs further information in order to evaluate a reasonable modification request, they are allowed to request it. They may ask for a supporting letter from a medical provider if:

  • The disability-related need for the modification is not obvious
  • They need verification from a professional about what modifications would be effective for the individual. 

Example: Testing accommodations generally need to be arranged in advance. If an individual requests extra time on the LSAT (Law School Admission Test) due to a symptom of ADHD, the private testing company could ask the individual for a letter of support from a medical provider. Here, it might be relevant to get the medical provider’s professional opinion of how the individual’s symptoms and limitations affect their test-taking abilities and how much extra time would be appropriate for equitable testing 

A letter of support from a medical provider should:

  • Confirm the individual meets the definition of having a disability (though specific diagnosis does not have to be listed).
  • Explain the functional limitations or symptoms relevant to the request.
    • In this example, that the individual has difficulty remaining focused when seated for more than an hour.
  • Explain the challenge with the current set-up of the public place.
    • In this example, that the testing window is too short.
  • Speak to the modification being requested. The medical provider should not draft the letter as a simple prescription. Instead, they should speak from their professional opinion about whether this modification is likely to be effective in addressing the barrier that has been identified.

Best practices for public places in handling modification requests

Because any staff member could be asked for modifications at any time, it is best practice for public places to:

  • Make sure all staff are trained to recognize a modification request, understand how to resolve them, and understand when they have the authority to provide the modification themselves versus when they might need to pass on a request to a designated staff person, like a manager. This is important for in-person staff as well as staff that respond to phone or email inquiries.  
  • Consider what common requests are likely to be and how the goods or services will be provided when those requests arise.
  • Decide in advance who the organization’s decisionmaker will be when a complicated situation arises that frontline staff aren’t prepared to respond to.

Best practices for customers requesting modifications

It is not possible to consider all potential issues that may arise in a public place. However, individuals with disabilities can use the following best practices to be prepared if and when they may need to request a modification:

  • Consider in advance how you are comfortable describing your functional limitations. You are the expert on your disability. Staff may have little or no knowledge about your type(s) of disability, but they will need to understand your limitations to evaluate your request. Consider how you can describe common challenges you have in a way that most people will understand and that is quick and comfortable to say.
  • Consider in advance what modifications you may need to be able to access the goods, services, or programs of a venue. There can be more options available and a smoother process when there is more time available. 
  • Make sure you understand what "reasonable" means so you know what you can realistically ask for and expect.
  • Ask a staff member who to make your request to. Even though public places aren’t required to have a designated staff person who handles modification requests, it might be the case that a particular staff member has more experience with or authority to grant modification requests. 

Enforcement and recourse

Depending on what type of issue  you are dealing with, you will have different avenues for resolving it. It will waste time and energy if you try to use an inappropriate avenue. So the first thing to do is to get clear on what type of issue it is. Usually it's a good idea to use the first applicable issue type in this list:

  1. Customer service (e.g. unhelpful service)
  2. Consumer issue (e.g. you didn't get what you paid for)
  3. Physical access issue (non-compliance with MAAB regulations)
  4. Disability rights issue (non-compliance with disability rights laws)


Consumer issues and customer service issues are rarely disability-rights issues. This is because consumer and customer service issues would still be actionable issues if the customer did not have a disability. 

Customer service

Customer service issues are things like rude and unhelpful staff, excessive wait times, handling service outages, or improperly transferring customer calls. These are situations where there is a problem but the business is not breaking a law.  Many public places have complaint options, such as speaking to a manager, calling a customer service line, or contacting a board of directors for a non-profit. 

 Consumer issues

A consumer issue is a situation you didn't get what you paid for, for example:

  • A purchased product doesn't work
  • A contractor not completing the work they were paid for
  • Failure to fix a product that is still under warranty
  • Credit or debt-collection issues

Usually it is most efficient to try to use informal methods before making a formal complaint:

  1. Promptly contact the organization you paid to let them know what the problem is and what you want them to do to resolve it.
  2. Submitting your complaint in writing (using their complaint process, if they have one) can be effective, and if it is not, it gives you a record of having notified the organization of the issue. 
  3. To make a formal complaint you can contact:

Physical access issues

If a building, structure or facility is not compliant with the Massachusetts Architectural Access Board (MAAB) regulations, you have two enforcement options, which you can use one after the other:

  1. Contact your local building inspector. You can find their contact details by contacting your town/city hall or visiting the town/city website. The building inspector has authority to enforce the MAAB regulations.
  2. File a complaint with the MAAB

If the physical structure is compliant with MAAB codes, but the business does not comply with other disability rights laws, you would treat the issue as a disability rights issue.

Disability rights issues

A disability rights issue is one where the disability rights laws have not been properly followed (see Basic obligations for examples of disability discrimination). 

If you face disability discrimination, you can still use internal complaint mechanisms, such as speaking to a manager or customer service line, to try to resolve the issue quickly and easily.

You can file a formal disability discrimination complaint at one of the enforcement agencies:

  • The Massachusetts Commission on Discrimination (MCAD) enforces the state public accommodation laws. File an MCAD complaint within 300 days from the last discriminatory act.
  • The Department of Justice (DOJ) enforces the ADA. File a DOJ complaint within 180 days of the last discriminatory act.
     

Special Case: Hospitals that receive federal funding also have requirements under Section 504. Therefore, they must have a 504 Coordinator to handle issues of effective communication, modification, and access. If you have a disability rights issue with a hospital:

  1. You can use the internal grievance process through the 504 Coordinator. 
  2. You can send a complaint to the Department of Public Health Office of Civil Rights, DOJ or MCAD.

The enforcement agencies are neutral investigators. They receive many complaints and may take a few months to look at your complaint. If they decide to investigate, they will collect information from both parties (the individual making the complaint and the public place) to determine if it is possible that a discriminatory act occurred. If the enforcement agency finds it is possible, they will move the case on to mediation or a hearing. 

How can MOD help?

MOD is not an enforcement agency, so MOD cannot intervene in disputes. This means MOD cannot call a party on your behalf, be your advocate, or provide case management.

MOD can:

  • Help you analyze the facts of the situation to identify if and how the disability rights laws apply,
  • Work out which version of the access codes apply (for physical access issues) and whether the situation seems to conform with that code,
  • Discuss practical options for addressing an issue in a way that meets your goals, and
  • Help you think through whether filing a formal complaint with an enforcement agency is useful.

If you have questions about your rights, obligations, or a disability rights situation that arose in a public accommodation, submit your question online or leave us a message at (617) 727-7440. 

Contact   for Disability rights in public accommodations

Last updated: May 28, 2024

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