The Honorable Paul E. Gillmor U.S. House of Representatives 1203 Longworth House Office Building Washington, D.C.

20515-3505 Dear Congressman Gillmor:

JUN 10 1992

This is in response to your inquiry on behalf of your constituent, Louis Fioritto, who has inquired about the enforcement of the Americans with Disabilities Act of 1990 (ADA). The Department of Justice takes seriously its enforcement obligations under the ADA. We have promulgated final regulations to implement titles II and III. We recently published Technical Assistance Manuals for both titles II and III as well as other informational materials. The Department has also awarded over three million dollars in grants to various groups for them to develop additional educational materials to advise covered entities and individuals with disabilities of the rights and obligations created by the ADA. The Civil Rights Division has created a new Office on the Americans with Disabilities Act. This Office is responsible for investigating complaints and bringing litigation under title III. It currently has over 240 complaints under investigation. The Office will also be responsible for handling title II litigation based on referral from the Federal agencies designated to investigate title II complaints. The Coordination and Review Section within the Civil Rights Division carries out the title II investigative responsibilities for the Department of Justice. That Section currently has over 120 title II complaints under investigation. cc: Records; Chrono; Wodatch; Bowen; Magagna; Blizard; McDowney. :udd:magagna:gillmor.cong 01-00898 ​ -2The Office on the Americans with Disabilities Act is also responsible for reviewing State and local building codes to determine if they can be certified by the Attorney General as providing accessibility requirements that meet or exceed the minimum requirements of the ADA. The Office has several submissions under review and is working with the major model code organizations toward development of model codes that will meet

ADA requirements. The Equal Employment Opportunities Section within the Civil Rights Division will have the responsibility to enforce the employment discrimination provisions of title I of the ADA against State and local government employers. In enforcing the ADA, the Civil Rights Division will follow the Department-wide policy of attempting to resolve disputes short of litigation where that is appropriate and possible. However, we will file suits in Federal court, and ask for civil penalties as appropriate, when such efforts are not successful. I have enclosed copies of the Department's regulations under titles II and III, as well as our Technical Assistance Manuals, regulation highlights, and fact sheets. I hope that this information is helpful to you in responding to Mr. Fioritto. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (9) 01-00899 ​ADC ILLEGIBLE April 14, 1992 Congressman Paul Gillmor 1203 Longworth HOB Washington, D.C. 20515 Dear Congressman Gillmor: I am writing this letter as a disabled American. I am totally blind and I am also the principal of a corporation recently formed called American Disabilities Compliance, Inc. We have formed this corporation in response to the new ADA legislation which was enacted into law on January 26, 1992. The purpose of our company is to assist building owners, agencies, businesses, schools, institutions, etc. to ensure that they are in compliance with the regulations set

forth by this Act. We conduct surveys which analyze all 282 points starting from the parking lot through all interior aspects of the building. A conclusive report is compiled and submitted for their use in establishing a barrier removal plan. I am compelled to write this letter due to the response we are getting from over 200 contacts made to schools, major business and other institutions across the State of Ohio. The consensus we are observing is "this is not serious legislation". In other words, "there will be no fines, we will certainly never be caught". As a principal of ADC, but more important, as a disabled American, I find this attitude very disheartening. I have been successfully employed since 1969 in many different positions and am currently a self-employed business individual while presiding on the board of ADC. My concern is, how serious is this legislation? Will there be fines? Is this "window-dressing" legislation or is this in fact legislation that will change the outlook and the future for disabled Americans. My request is two-fold: (1) I would like a personal assurance that this legislation is designed to improve the dignity and quality of life for disabled Americans, and (2) a letter from your office detailing the consequences and importance of complying with the ADA standards that we would be able to show to prospective clients clearly stating the responsibility they have to make this legislation effective. If you have further questions regarding our company or suggestions as to how we can do a more effective service to enhance this Act, Patrick Holmes, the President of ADC, and I will be more than willing to spend time discussing our goals and intentions of ADC. We, of course, are concerned about compliance with ADA; however, our real concern is meeting the spirit of ADA. Sincerely, Louis Fioritto Vice President Sales and Organizational Rights 01-00900