OCT 28 1992 The Honorable Jim Saxton Member, U.S.

House of Representatives 1 Maine Avenue Cherry Hill, New Jersey 08002 Attention: Dee Denton Dear Congressman Saxton: This letter responds to your inquiry on behalf of (b)(6) requesting information on the applicability of the Americans with Disabilities Act (ADA) to the Merchantville Community Center. The Americans with Disabilities Act 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 your constituent in understanding the ADA's provisions. However, it does not constitutes a legal interpretation, and it is not binding on the Department. It is not possible for us to determine, from the information your constituents have provided, what provisions of the ADA may apply to this facility. We are enclosing copies of the Department's regulations and Technical Assistance Manuals for both title III, which applies to public accommodations (as defined in the Act and the regulations), and title II, which applies to state and local government activities. There are different standards and provisions under the two different titles. We recommend that your constituents review the enclosed information, and determine whether either of these titles applies to the Community Center. They may then proceed to remedy any violations in the manner described under the "Enforcement" section at the end of each Manual. I should note that there are different procedures for each title. cc: Records; Chrono; Wodatch; Breen; McDowney; FOIA; MAF. :udd:jonessandra;ada.saxton1 01-01679

-2I hope this information assists you in responding to your constituent. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (4) 01-01680

AUG 27 1992 August 25, 1992

Congressman James H. Saxton 1 Maine Avenue Cherry Hill, New Jersey Dear Honorable Congressman Saxton: My wife and I are writing to you with regard to the Merchantville Community Center and its lack of handicap facilities. (b)(6) and myself belong to the Merchantville Assembly and have occasion to rent the Merchantville Community Center four (4) times a year. Our concern is that there are three (3) members of our assembly who are handicapped, and the Community Center does not have any handicap facilities, i.e., lavatory and entrance. For the past year, I have been in communication with the Community Center authorities, and have asked them to seriously consider installing a wheel chair entrance. I

have had no success with my request. We are writing to you to ask for your intervention on our behalf. Any assistance you can give us with this endeavor will be greatly appreciated. Sincerely, (b)(6) Cherry Hill, New Jersey 08003 01-01681