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4/3/92 SBO:MF:RM:hkb DJ# 192-180-03114

APR 13 1992

The Honorable Leon E. Panetta Member, U.S. House of Representatives 380 Alvarado Street Monterey, California 93940 Dear Congressman Panetta: This letter is in response to your inquiry on behalf of your constituent, XXX, about the Americans with Disabilities Act (ADA). Title III of the ADA applies to places of public accommodation, such as restaurants, places of lodging, theaters, doctors' offices and retail stores. "Places of lodging" include inns, hotels, motels, or other places of lodging, except for owner-occupied establishments renting fewer than six rooms (S36.104). Based on the information you have supplied, your constituent's establishment would constitute a place of public accommodation. Enclosed is a copy of the Department of Justice's regulation implementing title III of the ADA, which will assist XXX in understanding the requirements. Public accommodations may not discriminate on the basis of disability (S36.201). Places of public accommodation must be operated in accordance with the full range of title III requirements, such as: elimination of discriminatory eligibility criteria (S36.301); reasonable modifications in policies, practices, and procedures (S36.302); provision of auxiliary aids (S36.303); and removal of barriers in existing facilities (S36.304). However, barriers only need be removed if it is "readily achievable" to do so, i.e., easily accomplishable and able to be carried out without much difficulty or expense. For many small businesses, this will mean taking of modest measures such as ramping of a few steps or installation of grab bars in a bathroom. In addition, construction and alterations must be accessible in compliance with the ADA Accessibility Guidelines (SS36.401 and 36.402). cc: Records; CRS; Oneglia; Friedlaner; Mather; Downey; hkb 01-00586

-2The general title III requirements became effective on January 26, 1992. While all businesses must comply by January 26, 1992, small businesses do have limited protection from lawsuits. Except with respect to new construction and alterations, no lawsuit may be filed until July 26, 1992, against businesses with 25 or fewer employees and gross receipts of $1 million or less; or January 26, 1993, against businesses with ten or fewer employees and gross receipts of $500,000 or less (​36.508). In suits by the Attorney General, civil penalties for violations under title III are not to exceed $50,000 for the first violation, and $100,000 for any subsequent violation. When considering the dollar amount of a civil penalty, if any is appropriate, the court is required to give consideration to any good faith effort or attempt by the public accommodation to comply with its obligations under the Act (​36.504). I hope that this information is useful to you. If I can be of further assistance in this matter, please do not hesitate to let me know. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosure 01-00587 CONSTITUENT REQUEST DATE: 2/3/92 kwc XXX

STAFF MEMBER: CONSTITUENT NAME: ADDRESS:

XXX XXX. XXX

PHONE:

XXX

Position/A Information/B B Bill Status/C Document/D VIEWPOINT OR REQUEST Issue/Subject Americans with Disabilities Act (ADA)

XXX would like to know what sorts of businesses must comply with the ADA, and when they must do so. He needs to know more about the ADA regulations, so he can ensure he meets them as required. XXXsays that he runs a 7 room bed & breakfast. His guests usually stay less than one week as tourists; there are no long-term rentals. He would like to know if a business of this sort is required to comply with the ADA and, if so, what it must do to comply. XXX was concerned about an advertisement recently from a local contractor, which indicated that all businesses open to the public must be entirely accessible to the disabled, and that there were fines starting at $50,000 for businesses which did not comply. XXX thought this was probably an exaggeration of the facts, but wanted to be sure about the ADA's requirements. 01-00588