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NOV 20 1992 The Honorable Marge Roukema Member, U.S.

House of Representatives 61 Spring Street Newton, New Jersey 07860 Attention: Carol Ann Dougherty Dear Congresswoman Roukema: This letter responds to your inquiry on behalf of (b)(6), regarding the accessibility of performance areas to individuals with visual impairments. The Americans with Disabilities Act (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 requirements of the ADA. However, this technical assistance does not constitute a determination by the Department of rights or responsibilities under the ADA, and it is not binding on the Department. Title III of the ADA prohibits discrimination against persons with disabilities by places of public accommodation, including restaurants, hotels, retail stores, and theaters of the type mentioned in XX's letter. Specifically, the ADA and the regulation issued by the Department under title III of the ADA require a public accommodation, such as an arena, civic center, or auditorium, which is privately owned and operated, to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford services, facilities, or accommodations to individuals with disabilities. Please refer to section 36.302 of the title III regulation and pages 22-25 of the Title III Technical Assistance Manual, enclosed, for a discussion of this requirement. cc: Records; Chrono; Wodatch; Foran; McDowney; FOIA; MAF. :udd:foran:roukemacongressional 01-01736​ -2Without further information about the incident at issue, it is not possible to determine whether the entity may have violated the ADA. Should XX wish to file a complaint with the Department of Justice, however, the matter will be further investigated. A complaint should include the name and address of the place of public accommodation, and a detailed account of the

alleged incident or pattern of discrimination, including the date. Complaints can be mailed to: Public Access Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 66738, Washington, D.C. 20035-9998. If (b)(6) would like to obtain further information about his rights under the ADA, relevant Department of Justice publications are available in alternative formats such as large print, braille, audiocassette, and computer disk. They may be obtained by calling (202) 514-0301, Monday through Friday, 1:00 p.m. through 5:00 p.m., E.S.T., or by requesting those documents in writing at the address listed above. I hope this information will assist you in responding to your constituent. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2) 01-01737​ MARGE ROUKEMA COMMITTEES: 9TH DISTRICT, NEW JERSEY BANKING, FINANCE AND WASHINGTON OFFICE URBAN AFFAIRS COMMITTEE RANKING REPUBLICAN-HOUSING AND COMMUNITY DEVELOPMENT 2244 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20516 FINANCIAL INSTITUTIONS SUPERVISION, (202) 226-4465 REGULATION AND INSURANCE ECONOMIC STABILITY NEW JERSEY OFFICES 1200 EAST RIDGEWOOD AVENUE EDUCATION AND LABOR COMMITTEE RIDGEWOOD NJ 07450 RANKING REPUBLICAN (201) 447-3900 LABOR--MANAGEMENT RELATIONS 61 SPRING STREET ELEMENTARY, SECONDARY AND NEWTON NJ 07960 VOCATIONAL EDUCATION Congress of the United States House of Representatives Washington, DC August 4, 1992 Mr. Steve Kelmar Department of Health & Human Service Assistant Secretary for Legislation U.S. Department of Health and Human Services

Room 416G Hubert Humphrey Building 200 Independence Avenue, S.W. Washington, D.C. 20201 Dear Mr. Kelmar: We are writing to you on behalf of our constituent, (b)(6) of Hope, New Jersey. According to XX feels that XX family is being discriminated against. XX called about four weeks ago to Waterloo Village for visual handicapped seats for XX family. XX was told that there was handicapped seats for wheelchairs. XX family is not in wheelchairs. We respectfully request your assistance in resolving this serious matter. I have enclosed a copy of (b)(6) correspondence for your review. Thank you for your time and attention. Should you require additional information, please do not hesitate to contact me in the Newton District Office of Congresswoman Marge Roukema. Sincerely, Carol Ann Dougherty Special Assistant to Congresswoman Marge Roukema CAD/Dd Enclosure 01-01738​ (b)(6) Hope NJ 07844 July 25, 1992 The Honorable Marge Roukema 58 Trinity St. Newton NJ 07860 Dear Madam: Why does discrimination exist in New Jersey? (b)(6) XX are being discriminated against because XX are Legally Blind. Four weeks ago, I called requesting Visual Handicapped Seating for a concert at Waterloo Village. After three weeks being hassled from one person to another and not getting return calls, I was told that there was no accommodations since this was a field concert. The person who called, XX was rude, abusive

and arrogant ILLEGIBLE XX. Can you picture a visually handicapped person racing across a field along with hundreds of other people to get a seat close enough to see the concert? I was also told that Waterloo Village does not discriminate. There are handicapped seating for wheel chairs in tent concerts and they even have a handicap ILLEGIBLE. This is all well and good - if you are in a wheel chair. But I, along with many other New Jersey residents, need Visually Handicapped Seating. It does my (b)(6) or any other Visually Handicapped person no good to be in a wheel chair section at the rear of a tent concert - or field concert. Why does Handicapped only mean wheel chair disability? Legs? Blindness is also a disability and yet it is ignored. There are facilities that recognize this problem: Yankee Stadium: ILLEGIBLE ILLEGIBLE Arena: ILLEGIBLE 01-01739​ Arena at Lehigh University in Bethlehem, Pa. and especially Allentown Fair Grounds in Allentown, Pa. They even distinguish between Wheel Chair, Visual and Hearing disabilities. I purchased tickets from Allentown Fair Grounds for the same concert that will be in Waterloo Village. I will be met and escorted to Visually Handicapped Seating by a member of the staff. Why must I travel out of the state to enjoy a concert with XX (b)(6) family? As an elected official of New Jersey, ILLEGIBLE your help to rectify this abominable and discriminatory practice. Sincerely yours, (b)(6) 01-01740