III-4.4200 MAY 12 1992 Ms. (b)(6) Tenton Falls, New Jersey 07724 Dear Ms.

XX This letter responds to your correspondence requesting information about the provisions of the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals or 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 and it is not binding on the Department. You state that you use a wheelchair and cannot go down the aisles at a book store because there are temporary displays set up in the aisles. Book stores are subject to the provisions of title III of the ADA which requires the removal of barriers, such as shelving that impedes access by wheelchair users, if removal is "readily achievable." The ADA defines "readily achievable" to mean easily done and without much difficulty or expense. In many circumstances, it will not be difficult or expensive to make aisles wide enough for access by persons using wheelchairs. The ADA regulations indicate, however, that removing or reconfiguring shelves would not be considered readily achievable if it would result in a "significant loss of selling or serving space." If barrier removal is not readily achievable, then a store must take other readily achievable measures to make its goods and services available to persons with disabilities. Retrieving books for a customer may be an appropriate way to do this but only if barrier removal is not readily achievable. The factors considered in determining whether the removal of a particular barrier is readily achievable are: the nature and cost of the action; the financial resources available both to the store and any parent organization; the size of the business and number of employees, and the relationship of the businesses to the parent organization.

cc: Records Chrono Wodatch Magagna Beard.ta.302baiv. xx(b)(6) arthur T. 5/8/92

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-2You also inquired what steps you could take to resolve your problem with the book store. Individuals may file law suits under the ADA to secure their rights and you may wish to consult an attorney to explore this option. This Department investigates complaints of discrimination and can take enforcement action where there is a pattern or practice of discrimination or a denial of rights raising an issue of general public importance. A Title III Complaint Information Sheet is enclosed. I hope that this information is useful to you in understanding your rights under the ADA.

Sincerely, Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act

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(Handwritten) (b)(6) Tinton Falls NJ 07724 March 3, 1992 Dear Sirs I have been in a wheelchair for 13 years and with the passing of the ADA I am beginning to have the freedom to browse and shop I had before my disability. However I seem to be having quite a problem with Encore Books, Shrewsbury Plaza, Shrewsbury, NJ 07701.

The store has many temporary displays set up in its aisles which prohibit me from going into the aisles to look for books. I spoke to the manager

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-2about this problem and he said the legal department had advised him that having some one get books for me satisfied the ADA regulations.

In reading the ADA information from the Justice Department I believe he is wrong. These are temporary racks and displays, not walls or permanent fixtures. In fact I am able to push & lift most of them, when needed (But it really would be messy). The statement that they will get books for me tells me they don't really want me there. How can I tell them

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to get the books, when I don't know what's there. Am I not to browse as other shoppers do? Cannot I make my own selections? What must I do to get this store to clear its aisles? How do I get help and from whom? I remain respectfully yours,

(b)(6)

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