# 73 III-4.

4200 May 25, 1993

The Honorable Jim Bunning Member, U.S. House of Representatives 1717 Dixie Highway Suite 160 Ft. Wright, Kentucky 41011 Dear Congressman Bunning: This letter is in response to your inquiry on behalf of your constituent, XXXXXXXXX, concerning the applicability of the Americans with Disabilities Act ("ADA") to architectural barriers to access by people with disabilities. 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 your constituent 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 constituent, who uses a wheelchair, states that there are speed bumps at a local shopping center that prevent her from accessing several stores. XXXXXXXXX inquires into how the ADA would apply to this situation and requests information on available remedies. The Department of Justice's regulation under title III of the ADA requires existing places of public accommodations, such as shopping centers, to remove architectural barriers to access where such removal is readily achievable, i.e., easily

accomplishable and able to be carried out without much difficulty or expense. The regulation offers examples of barrier removal including installing ramps, making curb cuts in sidewalks, altering restrooms, and making other modifications that increase the accessibility of a facility. Where the placement of speed bumps within the interior roadways and parking lots of a shopping center creates an obstacle to access to stores in the shopping center, altering speed bumps to provide access to individuals with disabilities may be required where such alterations are readily achievable. For further information on the removal of barriers, please see section 36.304 of the enclosed title III regulation at pages 35597-98 and 35568-71. The ADA provides for remedies through private litigation as well as enforcement by the Attorney General. I have enclosed a list of entities in your State that may aid in the resolution of ADA complaints. XXXXXXXXX may also file a complaint with the Department of Justice by writing to the Public Access Section, Civil Rights Division, P.O. Box 66738, Washington, D.C. 200356738. However, because of the heavy volume of complaints and our very limited resources, we are not able to investigate each complaint we receive for purposes of resolving the complaint informally or bringing litigation. I hope this information is useful to you in understanding the requirements of the ADA. You may wish to inform your constituent that further information is available through our Americans with Disabilities Act Information Line at (202) 5140301. Sincerely,

James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures