FEB 1

The Honorable Leon E. Panetta

Member, U. S. House of Representatives
380 Alvarado Street
Monterey, California 93940

Dear Congressman Panetta:

This is in response to your letter requesting information on

behalf of (b)(6) concerning the applicability of the
Americans with Disabilities Act (ADA) to restaurants.

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 your constituent in understanding the ADA's
requirements. It does not, however, constitute a legal
interpretation and it is not binding on the Department.

As a place of public accommodation, restaurants are required

to have nondiscriminatory policies and procedures, to make
reasonable modifications in their policies, practices, and
procedures to avoid discrimination against persons with
disabilities, to provide effective communication with persons
with disabilities, and to remove architectural barriers in
existing facilities where it is readily achievable to do so.
These requirements are set forth in Subparts B and C of the
enclosed title III regulations, at pages 35595 to 35599.

The ADA imposes further accessibility requirements for new

construction or alterations to existing facilities. For this
purpose, the title III regulations adopt the ADA Accessibility
Guidelines (Guidelines) promulgated by the Architectural and
Transportation Compliance Board (Access Board). While the
Guidelines apply to all new construction and alterations affected
by the ADA, section 5.1 through 5.9 of the Guidelines also
include specific provisions for restaurants and cafeterias.

cc: Records; Chrono; Wodatch; McDowney; Nakata; Magagna; FOIA;

MAF. :udd:nakata:congress.letters:panetta.3

01-01887​

-2-
 Subpart D of the title III regulations includes requirements
for new construction and alterations of places of public
accommodations at pages 35599 to 35602. The Accessibility
Guidelines begin on page 35605. Section 5 dealing with the
special design and building requirements for restaurants and
cafeterias begins at page 35665 and section 2.2 dealing with
equivalent facilitation is at page 35607.

Also enclosed is the Department's Title III Technical

Assistance Manual, which may provide further assistance to your
constituent.

I hope this information will be useful to you in responding

to your constituent.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures (2)

01-01888​

LEON E. PANETTA WASHINGTON OFFICE:

16TH DISTRICT, CALIFORNIA 339 CANNON HOUSE OFFICE
BUILDING
WASHINGTON, DC 20515-0516
(202) 225-2861
CHAIRMAN: DISTRICT OFFICES:
HOUSE BUDGET COMMITTEE 380 ALVARADO STREET
Congress of the United States MONTEREY, CA 93940
(408) 649-3555
COMMITTEES:
HOLLISTER, CA
AGRICULTURE House of Representatives (408) 637-0500
HOUSE ADMINISTRATION SALINAS, CA
Washington, DC 20515-0516 (408) 424-2229
SELECT COMMITTEE ON HUNGER SAN LUIS OBISPO, CA
(805) 541-0143
STEERING AND POLICY December 11, 1992 SANTA CRUZ, CA
(408) 429-1976
MAJORITY WHIP
FOR THE BUDGET

TO: Assistant Attorney General

 Office of Legislative Affairs
U.S. Department of Justice
Washington, D.C. 20530

ENCLOSURE FROM: No enclosures.

RE: XX (b)(6)

XX would like information about the ADA

regulations about access to restaurants for handicapped
customers. She would like to know if all restaurants
are required to make themselves accessible to all
handicapped customers, including people in wheelchairs.

Would you please provide me with information on this subject

for (b)(6) .

Thank you for your assistance.

Thank you very much for your attention to this matter.

Sincerely,

LEON E. PANETTA
Member of Congress

PLEASE RESPOND TO ME AT:

380 Alvarado Street

Monterey, California 93940

Ken Christopher; (408) 429-1976

ATTENTION:

01-01889