ADA Title II vs. Title III: What’s the Difference Between Government and Businesses?

The Americans with Disabilities Act (ADA) protects over 61 million people in the U.S. and Puerto Rico from discrimination. But not all obligations are the same: the ADA separates what governments (Title II) must do from what businesses and private entities (Title III) must do.

Knowing the difference matters, because it changes how you can enforce your rights in different situations.

What is Title II of the ADA?

Title II applies to state and local governments and requires all programs, services, and facilities to be accessible.

Examples:

• City halls and municipal service centers.

• Public schools and state universities.

• Public transportation (buses, trains, terminals).

• Government hospitals and clinics.

• Social services offices.

  
  

👉 Main obligation: governments must provide both physical and programmatic access. That means not only ramps, but also accessible documents, sign language interpreters, effective communication, and equal participation.

What is Title III of the ADA?

Title III applies to businesses and private entities that serve the public. Size doesn’t matter—if a business opens its doors, it must comply.

Examples:

• Restaurants and cafés.

• Supermarkets and pharmacies.

• Stores, movie theaters, and malls.

• Hotels and convention centers.

• Private clinics and medical offices.

  
  

👉 Main obligation: businesses must remove architectural barriers when readily achievable, and ensure any new construction or renovations comply with the ADA Standards for Accessible Design.

Practical Difference Between Title II and Title III

• Title II: A city holds a community workshop. If the building lacks a ramp or a sign language interpreter, it violates Title II because the program isn’t accessible.

• Title III: You go to a restaurant and the bathroom is too narrow for a wheelchair. That violates Title III, because the business must remove or fix that barrier.

What Do They Have in Common?

Both governments and businesses must:

• Avoid discrimination.

• Provide equal access.

• Not retaliate against people who assert their rights.

  
  

Conclusion

Title II protects your access to government services.Title III protects your access to businesses.Together, they ensure accessibility is not a privilege—it is a fundamental civil right.

📢 If you have encountered accessibility barriers in your community or at a business, do not hesitate to contact us:📧 Email: vlg@velezlawgroup.com💬 WhatsApp: +1 (787) 345-2082📞 Phone: (787)-422-1881