41-1492. Definitions

In this article, unless the context otherwise requires:

1. " Americans with disabilities act" means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553).

2. " Auxiliary aids and services" includes:

(a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.

(b) Qualified readers, taped text or other effective methods of making visually delivered materials available to individuals with visual impairments.

(c) Acquisition or modification of equipment or devices.

(d) Other similar services and actions.

3. " Being regarded as having such a physical or mental impairment" :

(a) Means an individual who establishes that the individual has been subjected to an action prohibited under this article because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(b) Does not mean an impairment that is transitory and minor. For the purposes of this subdivision, " transitory impairment" means an impairment with an actual or expected duration of six months or less.

4. " Commercial facilities" means facilities that are intended for nonresidential use and that do not meet the definition of either a public accommodation or a public entity. Commercial facilities do not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars, railroad rights-of-way or facilities that are covered or expressly exempted from coverage under this article.

5. " Demand responsive system" means any system of providing the transportation of individuals by a vehicle, other than a system that is a fixed route system.

6. " Disability" means, with respect to an individual, any of the following:

(a) A physical or mental impairment that substantially limits one or more of the major life activities of the individual.

(b) A record of such an impairment.

(c) Being regarded as having such an impairment.

7. " Fixed route system" means a system of providing the transportation of individuals by, other than by aircraft, a vehicle that is operated along a prescribed route according to a fixed schedule.

8. " Major life activities" includes:

(a) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

(b) The operation of a major bodily function, including functions of the immune system, normal cell growth and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

9. " Over-the-road bus" means a bus characterized by an elevated passenger deck located over a baggage compartment.

10. " Private entity" means any entity other than a public entity.

11. " Public accommodation" includes any:

(a) Inn, hotel, motel or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor.

(b) Restaurant, bar or other establishment serving food or drink.

(c) Motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment.

(d) Auditorium, convention center, lecture hall or other place of public gathering.

(e) Bakery, grocery store, clothing store, hardware store, shopping center or other sales or retail establishment.

(f) Laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital or other service establishment.

(g) Terminal, depot or other station used for specified public transportation.

(h) Museum, library, gallery or other place of public display or collection.

(i) Park, zoo, amusement park or other place of recreation.

(j) Nursery, elementary, secondary, undergraduate or postgraduate private school or other place of education.

(k) Day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment.

(l) Gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation.

12. " Public entity" means any:

(a) State or local government.

(b) Department, agency, special purpose district or other instrumentality of a state or local government, including the legislature.

13. " Rail" or " railroad" has the meaning given the term " railroad" in section 202(e) of the federal railroad safety act of 1970 (45 United States Code section 431(e)).

14. " Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:

(a) The nature and cost of the action needed under this article.

(b) The overall financial resources of the facility or facilities involved in the action, the number of persons employed at the facility, the effect on expenses and resources or the impact otherwise of such action on the operation of the facility.

(c) The overall financial resources of the covered entity.

(d) The overall size of the business of a covered entity with respect to the number of its employees.

(e) The number, type and location of the covered entity's facilities.

(f) The type of operation or operations of the covered entity, including the composition, structure and functions of the facilities in question to the covered entity.

15. " Specified public transportation" means transportation by bus, rail or any other conveyance, other than aircraft, that provides the general public with general or special service, including charter service, on a regular and continuing basis.

16. " State" means the state of Arizona.

17. " Vehicle" does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose or railroad car covered under this article.