JUL 2 1992 The Honorable Connie Mack United States Senator 1342 Colonial Boulevard Suite 27 Fort Myers

, Florida 33907 Dear Senator Mack: This is in response to your inquiry on behalf of your constituent, Ms. (b)(6), relating to whether service stations must provide refueling service for individuals with disabilities at the "self-service" rate. The Americans with Disabilities Act of 1990 (ADA) authorizes the Department to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This letter provides informal guidance to assist Ms. (b)(6) in understanding the ADA. However, this technical assistance does not constitute a determination by the Department of Justice of her rights under the ADA, and it is not binding on the Department of Justice. The Americans with Disabilities Act does not contain a specific requirement that individuals displaying an emblem indicating that they have a disability must receive refueling service at self-service prices. Our regulations implementing title III of the ADA, however, require public accommodations to make reasonable modifications in their policies, practices, and procedures in order to serve individuals with disabilities, unless they fundamentally alter the nature of the services provided. 28 C.F.R. S 36.302 (title III regulation). The ADA prohibits any cost involved in making a reasonable modification from being imposed as a surcharge on the individual with a disability who requires the assistance. 28 C.F.R. S 36.301(c). cc: Records; Chrono; Wodatch; Breen; Willis; McDowney. :udd:jonessandra:cong.mack 01-00991 ​ -2The preamble to our regulation provides in an analogous context that assistance is not required where only one attendant is on

duty who must remain at the cash register for security reasons. 56 Fed. Reg. 35,544; 35,570 (preamble discussion of 28 C.F.R. S 36.305). The provisions cited in this paragraph may be found in the enclosed copy of our title III regulation. Under title III of the ADA, which applies to places of public accommodation and commercial facilities, an individual can institute a private civil action to obtain a court order to prevent or stop violations of the ADA. The Department of Justice may commence a civil action in cases of general public importance or where a pattern or practice of discrimination is found. In this regard, individuals may file complaints with the Department of Justice by writing a letter to the Office on the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, P.O. Box 66738, Washington, D.C. 20035-9998. For further information, you may wish to refer to our Title III Technical Assistance Manual, which is enclosed. I hope that this information is helpful to you in responding to Ms (b)(6) . Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2) 01-00992 May 4, 1992 Senator Connie Mack 1342 Colonial Blvd., Ste. 27 Ft. Myers, FL 33907 Dear Sir: I understand there is a law that a handicapped person who drives into a "Self-service" area of a service station and displays the "handicapped" emblem must be given service by an attendant at the "Self-service" rate. I have found a few stations where this is the case, but I have found more where they claim no knowledge of any such law and others where the clerk says something like, "Oh, we don't do that

here." In my case I must use oxygen at all times. Not only do I have to try to handle the pumping of the gas with a small tank of oxygen on my shoulder, I also should not be inhaling the gasoline fumes, which are quite concentrated when a person is bent over the opening to the gas tank. I'm certain I am not the only handicapped person who has run into problems in this situation. Is there some way this law could be better publicized both to the general public and to service station owners and attendants? What recourse does the handicapped person have when service is refused? I would appreciate hearing from you in regard to these questions. Thank you very much for your help. Sincerely, (Ms.) (b)(6) (b)(6) 01-00993