SEP 22 1992 The Honorable Jim McCrery Member, U.S.

House of Representatives 621 Edwards Street Shreveport, Louisiana 71101 Dear Congressman McCrery: This letter responds to your inquiry concerning your previous correspondence on behalf of (b)(6). Enclosed is a copy of our letter of August 12, 1992, addressing that inquiry. Included is a copy of the enclosure that accompanied that response. I hope you find this information helpful in responding to your constituent's request. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures cc: Records; Chrono; Wodatch; Breen; McDowney; FOIA. :udd:breen:cong.mccrery 01-01556​ U.S. Department of Justice Civil Rights Division Office of the Assistant Attorney General Washington, D.C. 20038 The Honorable Jim McCrery Member, U.S. House of Representatives 621 Edwards Street Shreveport, Louisiana 71101 Dear Congressman McCrery: This letter is in response to your inquiry on behalf of your constituent, (b)(6) concerning the Americans with Disabilities Act's (ADA) requirements for barrier removal in retail establishments and the proper method of filing a complaint.

The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities with rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA accessibility standards. However, this technical assistance does not constitute a legal interpretation of the statute and it is not binding on the Department. Title III of the ADA requires places of public accommodation, including retail establishments and department stores, to undertake readily achievable barrier removal to make the stores accessible to individuals with disabilities including those who use wheelchairs. These requirements are further explained in the enclosed Department of Justice title III regulations at 28 C.F.R. ​ 36.304 and 36.305. If (b)(6) believes that KMart's failure to widen the checkout lanes has resulted in her daughter being discriminated against on the basis of her disability she has two enforcement options under the ADA: (1) She may secure private legal representation and bring an action in Federal court, or (2) she may file a complaint with the Department of Justice. If(b)(6)chooses to file a complaint with the Department of Justice, she should send any relevant information to the Office on the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, Post Office Box 66738, Washington, D.C. 20035-9998. All complaints should be in writing and should set forth, in as complete a manner as possible, the factual circumstances surrounding the complaint. 01-01557​ -2I hope this information is of assistance to you in responding to your constituent. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosure 01-01558​ U.S. Department of Labor

The Honorable Jim McCrery Member, U.S. House of Representatives 621 Edwards Street Shreveport, Louisiana 71101 Dear Congressman McCrery: Thank you for your July 7 letter, with enclosure, regarding your constituent, XXXXXX. Your correspondence was referred to the Office of Federal Contract Compliance Programs (OFCCP) for response. OFCCP administers and enforces three equal employment opportunity programs: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212. Taken together, these programs prohibit contractors and subcontractors from discriminating on the bases of race, color, religion, sex, national origin, handicap or veteran status. These laws and their implementing regulations require that a complaint be filed within 180 days from the alleged discriminatory act. The concerns your constituent expresses regarding Title III of the Americans with Disabilities Act of 1990 are not within OFCCP's jurisdiction. Title III is enforced by the Department of Justice. Accordingly, we have referred your correspondence to the official listed below for consideration: Mr. John Wodatch Director Americans with Disabilities Act Unit Coordination and Review Section Civil Rights Division U. S. Department of Justice HOLC Building 320 First Street, N.W. Washington, D.C. 20532 Thank you for your interest in this matter. Sincerely, Robert B. Greaux Director Division of Program Operations

cc: Washington, DC Office 01-01559​ BENTON, LA July 1, 1992 Hon. Jim McCrery United States Representative 621 Edwards Street Shreveport, LA 71101 In re: Dear Mr. McCrery: I would like to call your attention to a situation that I am very concerned about in connection with the Americans with Disabilities Act. My daughter, is a disabled American, having been injured in October of 1991 and is now paralyzed and in a wheelchair. I have tried to become familiar with that Act and as I understand Title III as it covers existing "places of public accomodation", the alterations to a facility after January 26, 1992 shall be made so as to ensure that to the maximum extent feasible the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. I have also read about the penalties for noncompliance. It is my understanding that civil actions may be brought by individuals who have been subjected to discrimination or who have reasonable grounds for believing that he/she is "about to be subjected to" discrimination. It is my understanding that the courts may grant injunctive relief, award monetary damages as well as assess civil penalties to the person aggrieved. My daughter's situation involves the KMart store located at 3045 East Texas in Bossier City, Louisiana. I have shopped at Kmart for many years. Since accident, I have tried, even when I am alone, to only go to and buy from stores whose facilities are easily accessible for handicapped/disabled people. Recently, and I went shopping at Kmart and when we were ready to go to pay for the merchandise, the space between the "check-out stands" was not wide enough for her wheelchair to go through. She had to hand me her merchandise and money to pay for her and she had to back out of the line and go to the front of the store to wait for me to pay. I have visited Kmart on two occasions since that time, the last time being approximately one week ago. 01-01559​ On the first occasion, I only complained to the person checking me out. On the last occasion, I asked the manager if he knew he

was in violation of the law. He said yes. I asked him why no provisions had been made for a person who comes into the store to shop, but cannot pay for his/her purchases. He said he knew it should have been done, but he had no real explanation as to why it had not been done. I further asked him if he thought my daughter was the only person in Caddo/Bossier Parish in a wheelchair. He acknowledged that was doubtful. I have read several articles lately commending the national Kmart and other corporations for utilizing disabled people in the "mainstream" of their advertising. This was presented as a very positive step for disabled people. I therefore find it baffling that this local Kmart does not even have provisions for a disabled person to pay for their purchases, especially when they are knowingly in violation of Title III of the ADA. I am asking for your assistance in providing me with the person or agency to contact to file a complaint against Kmart. I certainly appreciate your assistance in this matter. Since my daughter is of the opinion that her disabilities should not stop her from going to college next year, living alone, driving a car, participating in a beauty pageant, and generally doing whatever she wants to do, it is especially distressing to me that simple steps cannot be taken by a major corporation to accomodate her and others who have to use wheelchairs. I will look forward to hearing from you or your representative regarding this request. Thank you for your assistance in this matter. Yours very truly, (b)(6) /frc cc: Manager - KMart, Bossier City Mr. William H. Ledbetter, Jr. Ms. Jan Elkins - KTBS TV Kmart - Troy, Michigan 01-01559