DJ 202-16-0 The Honorable John Breaux United States Senate 516 Senate Hart Building Washington, D.C.

20510 Dear Senator Breaux:

JUL 2 1992

This is in response to your inquiry on behalf of your constituent, Valerie S. Reed. Ms. Reed writes requesting information about the Americans with Disabilities Act, 42 U.S.C. S 12181 et seq. She is specifically seeking advice as to the application of the Act to a convenience store that she expects to open and occupy by Labor Day, 1992. Although we cannot provide legal interpretations or legal advice to individuals, this letter provides informal guidance to assist your constituent in understanding the Americans with Disabilities Act accessibility standards. The Act authorizes the Department of Justice to provide technical assistance to individuals and entities that are subject to the Act. However, this technical assistance does not constitute a determination by the Department of Ms. Reed's rights or responsibilities under the Americans with Disabilities Act and it is not binding on the Department. The regulations issued by the Department under the Americans with Disabilities Act (enclosed) contain different implementation dates for new construction and alterations. New construction that is first occupied after January 26, 1993, must be readily accessible to persons with disabilities. A new facility will not be subject to the new construction standards if the last application for a building permit is certified to be complete before January 27, 1992, and the first certificate of occupancy for the facility is issued before January 27, 1993. 28 C.F.R. S 36.401 (a)(2). If, however, an alteration to a commercial facility or place of public accommodation is made after January 26, 1992, it must be carried out in such a way that the altered portions are readily accessible to individuals with disabilities. Id. at S 36.402(a). cc: Records Chrono Wodatch Millerc.Breaux.Cong. McDowney arthur

01-00986 ​ -2I have enclosed copies of the Department's regulations under title III as well as our Technical Assistance Manuals, regulation highlights, and fact sheets. I hope this will assist you in responding to your constituent. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (7) 01-00987 ​ REED'S I-10 SERVICES, INC. P.O. BOX 1447 JENNINGS, LA 70546 May 12, 1992 John B. Breaux U.S. Senator 516 Hart Bldg. Washington, DC 20510 Dear Senator Breaux: This letter is a request for information! We are negotiating to construct a new Fuel and Convenience Store Facility in Jennings. For the previous twenty-four years, we were Chevron affiliated owner and operator of a Full-Service Station. Due to our unsuccessful bid for an additional long term lease with the Jennings Airport Authority, we are now attempting to build our own facility. As we hope to break ground in four to six weeks, I need some important information as soon as possible from various Governmental Agencies. We have applied for a "Free Enterprise Zone", and are awaiting permits to begin construction. We expect to celebrate our

Grand Opening near Labor Day. It is very important that we make certain our new Conoco Facility meets or exceeds all of the Federal, State, and Local guidelines concerning health, safety, environmental concerns, and especially handicap accessibility for both our employees and customers. I would appreciate any and all information and assistance you can give us regarding the various Governmental Agencies regulating these aspects of concern, as well as these very important guidelines. Cordially yours, Valerie S. Reed Reed's I-10 Services, Inc. VSR/aw 01-00988