OCT 26 1992 The Honorable Dennis DeConcini United States Senate 328 Hart Senate Office Building Washington

, D.C. 20510 Attn: Ms. Susan D. Scott Dear Senator DeConcini: I am writing in response to your inquiry on behalf of (b)(6) regarding requirements for signs under the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist XX in understanding the ADA's requirements. This technical assistance, however, does not constitute a determination by the Department of Justice of rights or responsibilities under the ADA, and it is not binding on the Justice Department. In existing facilities, title III of the ADA requires places of public accommodation to remove architectural barriers where it is readily achievable to do so, that is, where it is "easily accomplishable and able to be carried out without much difficulty or expense." Because signs in a facility may themselves create barriers to access by individuals with disabilities, installing new signs or altering existing signs is one action that should be considered when determining which barriers to remove. This obligation is, however, limited to places of public accommodation and is not imposed on the broader category of existing commercial facilities. Because we do not know the nature of (b)(6) business, we are unable to determine whether the sign provisions apply to his business or to provide more specific guidance for cc: Records; Chrono; Wodatch; Barrett; McDowney; FOIA; MAF. :udd:jonessandra:ada.deconcinil 01-01630​ -2-

him. However, further information is provided in the enclosed copy of the Department's title III regulation. The types of businesses that are considered places of public accommodation are listed in Section 36.104 on page 35594. The readily achievable standard is discussed at Section 36.304 on page 35597. Also enclosed is a copy of the Department's Title III Technical Assistance Manual. Discussion of removal of existing barriers appears at pages 28-35. These materials should provide guidance for XX in determining if and to what extent the ADA applies to his business. Compliance with the ADA Accessibility Guidelines, which apply only to new construction and alterations, is not required for existing facilities, but the Guidelines can serve as a useful guide in determining what barriers may exist in existing facilities. For example, the Guidelines detail standards for lettering, finish and contrast, character proportion and height, and the height and location of signs designating permanent rooms and spaces, exit signs, and directional signs. The ADA Accessibility Guidelines appear as an Appendix to the enclosed rule, and Section 4.30, relating to signs, is on page 35659. Congress enacted the ADA to ensure uniform protection for persons with disabilities across the country, and considered it inappropriate to allow each State unlimited discretion in setting standards for the removal of existing architectural barriers. As noted above, existing places of public accommodation must remove barriers only where it is readily achievable to do so. Accordingly, XX should not be overly concerned that the ADA requirements will have a negative impact on the conduct of his business. I hope this information is helpful in answering (b)(6) inquiry. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2) 01-01631​DENNIS DeCONCINI WASHINGTON OFFICE ARIZONA 328 HART SENATE OFFICE BUILDING WASHINGTON, DC 20510

COMMITTEES APPROPRIATION United States Senate PHOENIX OFFICE: JUDICIARY Washington, DC 20510 323 WEST ROOSEVELT #C-100 VETERAN AFFAIRS PHOENIX, AZ 85003 INDIAN AFFAIRS (602) 261-6756 RULES AND ADMINISTRATION INTELLIGENCE SOUTHEASTERN ARIZONA OFFICE 2424 EAST BROADWAY TUCSON, AZ 85719 COMMISSION ON SECURITY AND COOPERATION EAST VALLEY OFFICE: IN EUROPE/CHAIRMAN 40 NORTH CENTER STREET # 110 MESA, AZ 85211 (602) 261-4998 September 8, 1992 The attached inquiry from: (b)(6) Tucson, AZ 85705 is respectfully referred to: Department of Justice Initially, my office asked for comment on this subject by the Department of Labor. I have enclosed their correspondence which indicates that the Department of Justice will be enforcing provisions of ADA regarding public accommodation. As (b)(6) has concerns regarding the rules in ADA on noncompliant signs, I would appreciate DOJ's input. Please clarify whether non-compliant signs must be removed altogether at a business or whether other accommodations may be made. Your comments regarding this matter will be most appreciated. Sincerely, DENNIS DeCONCINI United States Senator Please reply to: The Honorable Dennis DeConcini

United States Senate Washington, D.C. 20510 attention: Ms. Susan D. Scott 01-01632 (Handwritten) ILLEGIBLE-29-ILLEGIBLE Dear Senate Dennies Deconcini I feel the removable of nonconforming signs, would negatively impact my business, and other, also put people out of work and use dollar's much need elsewhere. Why not leave it to each state? (ISTA) - FHWA Docket no 92-22 Thank you, (b)(6) 01-01633