U.S.

Department of Justice

Office of Legislative Affairs

Office of the Assistant Attorney General Washington, D.C. 20530

MAY 15 1992

The Honorable Robert A. Roe

U.S. House of Representatives
2243 Rayburn House Office Building
Washington, D.C. 20515-3008

Dear Congressman Roe:

This is in response to your inquiry on behalf of your

constituent, XX

Ms. XX(b)(6) seeks information about the Americans with

Disabilities Act (ADA). Although we cannot provide legal
interpretations or legal advice to individuals, this letter
provides informal guidance to assist your constituent in
understanding the ADA accessibility standards.

Ms. XX writes that she does all of her shopping by

telephone because of her disability. She presents two
concerns -- first, that she is required to pay postage and
handling fees for merchandise that is mailed to her, and, second,
that some stores will not take special orders by telephone. She
inquires whether the Americans with Disabilities Act (ADA)
affords any recourse in these situations.

Ms. XX(b)(6)suggests that some mechanism should be created

whereby stores would be exempt from paying postage for mailing
merchandise to persons who can provide proof of disability. The
ADA itself has no provisions that require creation of such a
mechanism. An amendment to the postal service laws or
regulations would be required to implement such a procedure. The
ADA does not require a store to pay the postage fees itself in
these circumstances if the store is accessible to persons with
disabilities.

Ms. XX(b)(6) also states that some stores have policies not
to take special orders for out-of-stock merchandise unless the
customer appears personally to sign the order. Ms. XX
states that she is unable to make a personal visit to the store
because of her disability. She is therefore unable to obtain the

01-00790

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special order merchandise she seeks. The ADA requires stores to

make "reasonable modifications" in their policies, practices and
procedures in order to make their goods and services available to
persons with disabilities, unless a modification would
"fundamentally alter" the nature of the goods and services
offered. In the circumstance Ms. XX describes, it may
be reasonable to require the store to take special orders by
telephone from persons with disabilities who cannot visit the
store. If the store's concern is obtaining a guarantee of
payment that only a signed order would provide, the store may be
able to take such orders by mail from persons with disabilities
or, in the alternative, take credit card orders by telephone.

We hope this information will be of assistance to you in

responding to your constituent.

Sincerely,

W. Lee Rawls
Assistant Attorney General
01-00791

Congress of the United States

House of Representatives

Washington, DC 20515-3008

March 24, 1992

W. Lee Rawls
Assistant Attorney General
Office of Legislative Affairs
Room 1603
10th Street & Constitution Ave, NW
Washington, DC 20530

Dear Assistant Attorney General Rawls:

Enclosed please find a copy of a letter from Ms. (b)(6)

(b)(6) a constituent of my Eighth Congressional District in New
Jersey, in which she discusses the possibility of exempting
disabled individuals from paying postage for store sent items.

I would greatly appreciate your review and comment on this

matter.
 Thank you again for your time and consideration, if I can be
of any additional assistance, please do not hesitate to contact
this office.

With all good wishes.

Sincerely,

Robert A. Roe
Member of Congress
01-00792
​ xx (b)(6)
Upper Montclair, NJ 070

February 15, 1992

Editor, The Montclair Times:

As a disabled citizen, I am delighted and relieved to observe

that the Aid to the Disabled act, the most important civil rights
legislation of the century, is being implemented on local and state
levels as well as federal. I realize that change cannot happen
all at once. It will be a gradual "inch by inch, row by row"
process.
Since I am forced to do all but grocery shopping by phone, I
constantly am confronted by a situation familiar to all who are
housebound. No matter what I order--be it a single compact and
lipstick, or an audiocassette, whether it comes from a store in
downtown Montclair or one of the shopping malls in Essex County--
I am required to pay a $4 fee for postage and handling. Since I
depend largely on Social Security Disability benefits for income,
this can add up to an amount which becomes a financial hardship.
Since the ADA is a federal policy, there should be some way that
stores would themselves be exempt from paying postage when mailing
merchandise to people who, by means of identification--e.g. a
photocopy of their Social Security award--can mail in proof of
their disability.
Even more frustrating is the situation which arises when the
item I wish to purchase--e.g. a record, a book--is not in stock
and the store has to place a special order for it. I am told
that this can be done only if I appear in person to sign the
order. I explain that were I able to appear in person, I wouldn't
be making this call in the first place, nor be asking to be noti-
fied by phone when the merchandise is in. The clerk then calls
the manager, who understands, perhaps even sympathizes with, my
predicament but reminds me that he is only quoting store policy.
it is a no-win situation for us both. I cannot obtain what I want,
and the store loses a customer. There must be a way out. All
suggestions are welcome!

XX (b)(6)
cc: Senator Bill Bradley
Senator Frank Lautenberg
Representative Robert Roe

01-00793