# 65 III-4.

2000 DJ XXXXXXXXXX May 14, 1993

Mr. XXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX Chapel Hill, North Carolina XXXXX Dear Mr. XXXX: This letter responds to your inquiry regarding the applicability of the Americans with Disabilities Act (ADA) to amusement parks. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation or legal advice and it is not binding on the Department of Justice. Your letter inquires into the intent of the ADA and its application to lines for attractions at amusement parks. You state that you witnessed individuals with disabilities being permitted to avoid attraction lines and inquire as to whether this policy is consistent with the ADA. The intent of the Americans with Disabilities Act is to set a national mandate for the elimination of discrimination against individuals with disabilities. To further this goal, the Act contains specific provisions designed to assure that individuals with disabilities may enjoy the full range of goods, services, privileges and advantages offered by public accommodations.

Title III of the ADA imposes certain obligations on places of public accommodation to ensure that their services are provided to individuals with disabilities. The Act specifically includes amusement parks and other places of recreation in its definition of a public accommodation. See section 36.104 of the enclosed title III regulation at page 35594. The ADA does not require affirmative action or preferential treatment of individuals with disabilities. Public accommodations, however, are required in certain cases to make reasonable modifications to their policies, practices, or procedures when modifications are necessary to afford goods, services, facilities, privileges or advantages to individuals with disabilities. See section 36.302 of the title III regulation at page 35596-97, and preamble at 35564-65. In light of this requirement, an amusement park may be required to modify its policies to allow an individual with a disability to be admitted to an attraction without waiting in line, if delay would prevent the individual from participating in the service because of the nature of the disability. I hope this information is useful to you in understanding the requirements of the ADA. Sincerely,

John L. Wodatch Chief Public Access Section Enclosures (2) Title III Technical Assistance Manual Title III Regulation