SEP 22 1992 The Honorable Patrick Leahy United States Senate 516 Senate Hart Building Washington, D.C.

20510-4502 Dear Senator Leahy: This letter is in response to your inquiry on behalf of your constituent, (b)(6) who is seeking advice as to the application of the Americans with Disabilities Act (ADA) to Camp Kiniya, a private children's summer camp. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that are subject to the Act. This letter provides informal guidance to assist your constituent in understanding the ADA's requirements. However, this technical assistance does not constitute a determination by the Department of (b)(6) rights or responsibilities under the Americans with Disabilities Act, and it is not binding on the Department. (b)(6) concerned about the expense of making Camp Kiniya's facilities and services accessible to children with disabilities. Under section 36.304 of the enclosed ADA title III regulation (pages 35,568-35,570 and 35,597-35,598), Camp Kiniya would have to remove barriers in existing facilities only where such removal is "readily achievable," i.e., easily accomplishable and able to be carried out without much difficulty or expense. Discussion of the barrier removal requirement may be found on pages 29-37 of the enclosed Title III Technical Assistance Manual. The focus of Camp Kiniya, which is "physical challenges," including hiking, riding, mountain climbing, waterskiing, and sailing, does not have to be changed because of the ADA. However, under section 36.302 of the enclosed regulation (pages 35,564-35,565 and 35,596-35,597), the Camp will have to make reasonable modifications in practices when necessary to accommodate individuals with disabilities, unless the cc: Records; Chrono; Wodatch; Foran; McDowney; FOIA; MAF :udd:foran:leahycongressional 01-01553​

-2modifications would fundamentally alter the nature of the services. However, the ADA does not prohibit public accommodations such as Camp Kiniya from imposing neutral rules and criteria that screen out, or tend to screen out, individuals with disabilities, if the criteria are necessary for the safe operation of the public accommodation. Discussion of these provisions may be found at pages 21-25 of the Technical Assistance Manual. (b)(6) points out that specially designed camps for children with disabilities already exist, and asks why children's camps other than church camps have not been exempted from the requirements of the Americans with Disabilities Act. One of the primary purposes of the ADA is the integration of persons with disabilities into the mainstream of American society. Accordingly, several provisions of the Act prohibit exclusion and segregation of individuals with disabilities and the denial of equal opportunity. These provisions are discussed on pages 13-15 of the Technical Assistance Manual. I hope this information will assist you in responding to your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures (2) 01-01554​ (b)(6) June 15, 1992

Camp Kiniya 77 CAMP KINIYA RD., COLCHESTER, VT 05446 "A Good CAMP FOR GIRLS SINCE 1919" Dear Senator Leahy, I have just discovered, to my dismay, that the American With Disabilities Act, evidently passed by the Congress last year, rather profoundly affects our small business. Because this is now the law, our organization, The American Camping Ass'n. is following the law, and requiring those of us who are

accredited members, to:provide access to children with handicaps (all businesses with 15 employees or more, except (and I am astonished that only they are exempt) church camps. As a private children's summer camp, in the woods with roots, rocks, and on 3 levels, (which even healthy children have occasional trouble traversing) we must evidently have ramps into cabins in areas, in which handicapped children could only reach if they were carried. Our beach is 100 yds. down a very steep path - and a ski tow would be the only way we could get a wheel chair bound person to the water. The entire focus of our particular summer camp is physical challenges. I would really appreciate an explanation as to why exemptions were not included for children's camps other than church camps. There are quite a few special camps for children with handicaps and I cannot understand how a traditional children's summer camp such as ours (founded in 1919) which specializes in hiking, riding, mountain climbing, waterskiing, sailing, etc. can or should have to shoulder the enormous expense of putting in the sort of facilities that would be necessary for disabled children. We are a private business, and have access to no federal funds; nor do we ask for them. If the Congress feels this bill necessary than it should provide funding. Could you further tell me if this bill has been challenged in the courts. I would also like to know how you voted on this issue. Cordially, (b)(6) 01-01555