On May 6, 2016, after three years of litigation, a TitleIII federal court case that held that a paid PCA could not be required to payan admission fee to a "public accommodation" when the PCA was workingwith a PWD. The defendant, the FranklinInstitute, did not appeal so it is a final order.
The legal reasoning applies to all Title III entities asthe ADA defines them below: “(7) Public accommodation: The following private entities are considered publicaccommodations for purposes of this subchapter, if the operations of suchentities affect commerce— (A) an inn, hotel, motel, or other place of lodging,except for an establishment located within a building that contains not morethan five rooms for rent or hire and that is actually occupied by theproprietor of such establishment as the residence of such proprietor; (B) a restaurant, bar, or other establishment servingfood or drink; (C) a motion picture house, theater, concert hall,stadium, or other place of exhibition or entertainment; (D) an auditorium, convention center, lecture hall, orother place of public gathering; (E) a bakery, grocery store, clothing store, hardwarestore, shopping center, or other sales or rental establishment; (F) a laundromat, dry-cleaner, bank, barber shop, beautyshop, travel service, shoe repair service, funeral parlor, gas station, officeof an accountant or lawyer, pharmacy, insurance office, professional office ofa health care provider, hospital, or other service establishment; (G) a terminal, depot, or other station used forspecified public transportation; (H) a museum, library, gallery, or other place of publicdisplay or collection; (I) a park, zoo, amusement park, or other place ofrecreation; (J) a nursery, elementary, secondary, undergraduate, orpostgraduate private school, or other place of education; (K) a day care center, senior citizen center, homelessshelter, food bank, adoption agency, or other social service centerestablishment; and (L) a gymnasium, health spa, bowling alley, golf course,or other place of exercise or recreation.” This makes sense to me because a person with a disability who requires a caregiver to be with them is essentially charged double to enter a museum/restaurant/zoo etc. Don. Tempe, AZ C5-6
