III-4.4200 #2042106145 MAY 19 1992 The Honorable Robert S. Walker U.S.

House of Representatives 2369 Rayburn House Office Building Washington, D.C. 20515-3816 Dear Congressman Walker: This is in response to your inquiry on behalf of your constituent, Robert Anderson. Mr. Anderson writes that he is a board member of the New Holland Memorial Park Association. He is concerned about the requirements of the Americans with Disabilities Act (ADA) for removal of barriers in the New Holland Park facilities. He asks for assistance in determining what changes are required to be made and whether Federal funds are available to help pay for such changes. 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. Section 302(b)(2)(iv) of the ADA requires existing public accommodations to remove architectural barriers "where such removal is readily achievable." Section 301(9) defines "readily achievable" to mean "easily accomplishable and able to be carried out without much difficulty or expense." Section 301(9) also sets forth factors to be considered in determining whether a particular action is readily achievable. These factors include the nature and cost of the action required, the type of facility involved, the nature of the covered entity's business, its overall size and financial resources, and the number, type and location of all its facilities. cc: Records; Chrono; Wodatch; Magagna; Friedlander; McDowney. :uddl:udd:magagna:walker.cong

01-00800 -2Where removal of a barrier is not readily achievable, the public accommodation must take alternative steps to make its goods and services available to persons with disabilities, if it is readily achievable to do so. With regard to the inquiry about federal funds to assist in barrier removal, neither the Department nor any other Federal agency is authorized to provide financial assistance to covered entities seeking to bring their facilities and operations into compliance with the ADA. However, businesses may be eligible to take Federal tax deductions and some small businesses may be eligible to receive tax credits for removing architectural barriers. Mr. Anderson may wish to contact the Internal Revenue Service to determine whether his organization is eligible for any of these tax benefits. We have enclosed a copy of the Department's Title III Technical Assistance Manual which may be of further assistance in understanding the obligations imposed by the ADA. We hope this information will be of assistance to you in responding to your constituent. Sincerely,

John R. Dunne Assistant Attorney General Civil Rights Division

Enclosure

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Community Memorial Park

March 2, 1992 Robert S. Walker Congressional Office 50 North Duke Street Lancaster, PA 17601 Dear Congressman Walker: I am a board member of the New Holland Memorial Park Association. I was asked by the board to get information about Public Law 101-336, known as the Americans with Disabilities Act and how it will affect the New Holland Park. I contacted your office earlier and they had sent me a copy of the law and a copy of "CRS Report for Congress, The Americans With Disabilities Act: An Overview of Major Provisions" written by Nancy Lee Jones, Legislative Attorney, American Law Division on July 31, 1990. I thank you and your staff for sending that information which I have shared with the other board members. My request was initiated because of an article which appeared in a magazine

which one of the parks board members gets. In addition, the park has had a phone call from someone in D.C. asking if the park was in compliance with the act. You will probably remember the problems the New Holland Park had a year or so ago getting insurance because of a Conrail track through the park. The New Holland Park is a non-profit corporation, "501-C" not part of any government body. That classification, we assumed, made us a public facility even though we are not a unit of government. The materials which were sent confirmed that fact. Through the years the New Holland Park Board has tried to make changes in restrooms and other building to make most them accessible to the handicap. The swimming pool is not accessible to the handicap. If the park is required to make to the pool accessible to the handicap, it would require the expenditure of a large sum of money. The park simply does not have the funds and could not afford to borrow them at this time. This past year we received over $75,000.00 in donations and that has just barely enough to kept us solvent to pay the bills and debts load which we now have.

Community Memorial Park Association P. O. Box 62, New Holland, PA 17557-0062 01-00802 I have read the CRS Report which was sent, it states on page CRS-5 "There are some limitations on the nondiscrimination requirement and a failure to remove architectural barriers is not a violation unless such a removal is 'readily achievable.' 'Readily achievable' is defined as meaning 'easily accomplishable and able to be carried out without much difficulty or expense". I can not find this in the legislation and the board is concerned that the federal agency designated to enforce the law may not have the same interpretation as the CRS Report. I hope that someone on your staff would be able to help us or give us a person to contact who can help determine what in fact that statement means. In addition, where would we be able to get assistance in determining: (1) what the changes would be, (2) what government funds would be available to help pay for the improvements, and (3) how to qualify for the funds. The park board feels that the cost of these requirements will be so excessive that we will no

longer be able to provide any recreational services to the New Holland Community. We are not opposed to helping the handicap but feel this type of expenditure for the possible use of the pool by a handicap person someday will force us to stop serving the many people who now use the park. However, we do not want to get a fine because our interpretation is an incorrect interpretation. Any help which you or your staff can be in having a determination made by the correct agency on what the New Holland Community Memorial Park must do to meet the requirements under this law would be greatly appreciated. Sincerely, Robert Anderson 116 Bergman Road New Holland, Pa. 17557

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