U.S. Department of Justice Civil Rights Division MAY 23 1992 DJ# 181-06-0006 Coordination and Review Section P.O.

Box 66118 Washington, D.C. 20035-6118

Mr. William J. Gordon BHP Petroleum 1401 Eye Street, N.W. Suite 200 Washington, D.C. 20005 Dear Mr. Gordon: This letter is in response to your inquiries with respect to the obligations of self-service gasoline stations and convenience stores under the Americans with Disabilities Act (ADA). The ADA authorizes the Department to provide technical assistance to entities that are subject to the Act. This letter provides informal guidance to assist you in understanding how the ADA may apply to your business. However, this technical assistance does not constitute a determination by the Department of Justice of your rights or responsibilities under the ADA and does not constitute a binding determination by the Department of Justice. The general provisions applicable to public accommodations, such as self-service gasoline stations and convenience stores, are provided in the regulations implementing title III of the ADA. These regulations were published on July 26, 1991, in the Federal Register. I have enclosed a copy of the regulations for your reference. The section of the regulation that appears most relevant to your concerns is S36.305, which governs alternatives to barrier removal. The general language of S36.305 and the examples used

in the preamble to that section indicate that attendant assistance could be a readily achievable alternative in many cases, if more than one attendant is on duty at the facility. If assistance is provided to an individual with a disability as an alternative to barrier removal under S36.305, the service station may not charge extra for the service provided. 01-00807 -2The preamble to S36.305 recognizes, however, that there may be security considerations that would legitimately prevent a cashier from leaving the cash register. The preamble makes clear that the ADA would not require a cashier who is the only employee on duty to leave a cash register to assist a motorist with a disability. Service stations and convenience stores are subject to the requirements of title III without regard to their size. There is no exemption for small businesses from the ADA's requirements for public accommodations and commercial facilities. We hope you find this information of assistance. Sincerely,

Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division Enclosures

01-00808

Pacific Resources, Inc. 1401 Eye Street, N.W. Suite 200 Washington, D.C. 20005 Telephone (202) 682-0611 Fax (202) 682-0616

BHP August 19, 1991 Office of the A.D.A. Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Dear Sir/Madam: Please clarify for me the requirements that will be placed on self-service gasoline stations and convenience stores under the Americans with Disabilities Act and its regulations. If the requirements vary according to the size of the Petroleum

facility, please indicate so. I have heard assorted rumors - ranging from the A.D.A. having no effect on the business practices of these establishments, to the A.D.A. requiring a service station to provide full service to handicapped motorists at self-service prices. Please respond to me in writing at: BHP Petroleum 1401 Eye St., N.W. Suite 200 Washington, D.C. 20005 or by telephone at (202) 682-0611. Thank you for your assistance. Sincerely,

William J. Gordon 01-00809