OCT 30 1992 The Honorable Scott Klug Member, U. S.

House of Representatives 16 North Carroll Street, Room 600 Madison, Wisconsin 53703 Attention: Sam Gold Dear Congressman Klug: This letter responds to your inquiry on behalf of (b)(6) concerning application of the Americans with Disabilities Act (ADA) to a restaurant owned by his client. The ADA authorizes this Department to provide technical assistance to individuals and entities having rights or responsibilities under the ADA. Accordingly, this letter provides informal guidance to assist you in responding to (b)(6) However, this technical assistance does not constitute a legal interpretation, and it is not binding on the Department of Justice. (b)(6) has raised a number of questions to which the following information is responsive: Section 302(a) of the ADA prohibits discrimination on the basis of disability by "any person who owns, leases (or leases to), or operates a place of public accommodation." Accordingly, title III applies to both the owner and a lessee of a public accommodation, and both are responsible for removing existing barriers when it is "readily achievable," as defined by Section 301(9) of the ADA. As provided in the definition of "readily achievable" in Section 36.104 of the title III regulation, factors to be taken into account in determining whether an action is readily achievable include the overall financial resources of the facility and the effect of the action on expenses and resources of both the owner and the lessee, as well as a number of other factors. The exact obligations of an owner and lessee would be determined on a case-by-case basis, and we cannot anticipate whether (b)(6) client's entire portfolio of businesses would be considered in this instance. cc: Records; Chrono; Wodatch; Breen; Delaney; McDowney; FOIA;

MAF. :udd:jonessandra:ada.klugl 01-01682​ -2Further discussion of landlord/tenant responsibilities appears on pages 35555-56 and in Section 36.201 of the title III regulation. Discussion of barrier removal is included on pages 3553-54 and in Sections 36.304-305 of the title III regulation, and pages 28-39 of the Title III Technical Assistance Manual. A full discussion of the enforcement provisions of the ADA can be found in Sections 36.501-508 of the title III regulation and in the Technical Assistance Manual at pages 64-67. Since we understand (b)(6) has copies of the materials referred to, we have not enclosed copies with this letter. The Department of Justice does not perform inspections of public accommodations except in the course of conducting an investigation for noncompliance. However, informal technical assistance regarding the ADA accessibility standards is available by calling our telephone information line, (202) 514-0301. His client can also receive such guidance from local building professionals, who should be familiar with the ADA's requirements. I hope this information is helpful in responding to your Constituent. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division 01-01683​ SCOTT KLUG EDUCATION AND LABOR COMMITTEE SECOND DISTRICT WISCONSIN GOVERNMENT OPERATIONS COMMITTEE Congress of the United States House of Representatives Washington, DC 20515-4902 September 16, 1992

Mr. John L. Wodatch Director Office On The A.D.A. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Dear Mr. Wodatch: I am writing on behalf of my constituent, (b)(6) would like to receive a written reply concerning some questions he has about the Americans with Disabilities Act (ADA). (b)(6) has a client who would like to rent space as a restaurant/bar. His client not only owns this restaurant, but has other substantial commercial and residential assets in the city. It is my understanding that the restaurant is not part of a chain. We have been told by DOJ officials that the restaurant would have to make changes to conform with ADA which are are "readily achievable", i.e., "easily accomplishable without much difficulty or expense." (b)(6) central question is this: Will DOJ evaluate the criterion of "readily achievable" on the basis of the financial status of the restaurant alone or will they evaluate it on the basis of the entire portfolio of his client? In addition, he would like to know who would be primarily responsible for making any changes, the lessee or the lessor. (b)(6) would also like to know if it is possible for a DOJ official or representative to look at the property or examine in greater detail the specifics of the case in advance and let him know what kind of changes, if any, would need to be made. In addition, he would like information on the enforcement mechanism. I would appreciate it if you would direct your correspondence in reply to this inquiry to my District Office in Madison. (b)(6) already has copies of the regulations and Technical Assistance Manual, but the information is not clear. Please feel free to contact Sam Gold of this office if you have any questions. PLEASE RESPOND TO: 1224 LONGWORTH HOUSE OFFICE BUILDING 15 NORTH

CARROLL STREET WASHINGTON, DC 20515-4902 ROOM 600 (202) 225-2906 MADISON, WI 53703 (808) 257-9200 THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED RIBERS 01-01684​ Mr. John L. Wodatch Page 2 Thanks for your time and help with this matter. Sincerely, Scott Klug Member of Congress SK/sg 01-01685