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: RE: XX (b)(6)

No enclosures.

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