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DJ 202-PL-00017 MAY 8 1992 Mr.

Donald Springer Hawley, PE Post Office Box 102 Ruidoso, New Mexico 88345 Dear Mr. Hawley: This letter responds to your correspondence requesting information about the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101-12213 (ADA). 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 accessibility standards. However, it does not constitute a legal interpretation and it is not binding on the Department. Your letter specifically inquires as to the means by which title III of the ADA will be enforced. Title III provides for enforcement by both private litigation and by government litigation. Under Section 308(a), Title III may be enforced by a private individual through a law suit against a public accommodation to obtain a court order requiring compliance with Title III. The private individuals may obtain reasonable attorney fees, but may not obtain compensatory or punitive damages. Under Section 308(b), Title III may be enforced by the Department of Justice through a law suit to obtain not only a court order requiring compliance, but also monetary damages (but not punitive damages) and a civil penalty not exceeding $50,000.00 for a first violation and not exceeding $100,000.00 for a subsequent violation. The Department has received and is investigating complaints of title III violations from all over the country. There are also many active disability rights groups around the country that may choose to pursue litigation to enforce the ADA. cc: Records Chrono Wodatch Magagna Beard.ta.308.hawley arthur T. 4/28/92 01-00740​ -2-

I enclose a copy of the Department's Title III Regulations and a copy of the Title III Technical Assistance Manual which may further clarify obligations under and enforcement of Title III. We hope that this information is useful to you in evaluating the rights and obligations of your customers under the ADA. Sincerely, Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act Enclosures 01-00741​ PO Box 102 Ruidoso, NM 88345 January 31, 1992 Department of Justice Coordination and Review Sect. Civil Rights Division PO Box 66118 Washington, D.C. 20035-6118 Dear Sirs, I am a registered professional engineer interested in assisting firms to comply with Title III of the Disabilities Act, and I understand that you are the authority which will enforce compliance. How will this be enforced? I understand that the local building department will not be involved, and I wonder how much attention firms will pay to compliance if they feel that enforcement is remote and not likely to be effective. Can you supply me with information or advice as to how I can convince firms that they should make the investment to comply with Title III? Yours sincerely, Donald Springer Hawley, PE 01-00742