MAR 2 1993

The Honorable Tony P. Hall

U.S. House of Representatives
2264 Rayburn House Office Building
Washington, D.C. 20515-3503

Dear Congressman Hall:

This letter responds to your inquiry on behalf of your

constituent, Ronald D. Martin, who asks whether the Americans
with Disabilities Act of 1990 (ADA) requires his fitness center
to provide membership to an individual who has HIV disease.

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. However, it does not constitute a legal
interpretation or legal advice, and it is not binding on the
Department.

Gymnasiums, health spas, and other places of recreation are

places of public accommodation covered by the ADA. For further
discussion of the definition of a public accommodation, see
section 36.104 of the enclosed title III regulation at pages
35594 and 35551.

As a place of public accommodation, a fitness center may not

deny an individual, on the basis of a disability, such as HIV
disease, the opportunity to participate in or benefit from its
goods, services, or facilities. For further discussion of the
definition of a disability, see section 36.104 of the enclosed
regulation at pages 35593 and 35548-35550. For more information
on the denial of participation from a public accommodation, see
section 36.202 of the title III regulation at pages 35595 and
35556-35558.

Although a public accommodation is generally barred from

excluding people with disabilities, a person may be excluded from
the activities of a public accommodation if that person poses a
direct threat, or significant risk, to the health and safety of
others that cannot be eliminated by a reasonable modification of

cc: Records, Chrono, Wodatch, McDowney, Bowen, Novich, FOIA

Udd:Novich:congress:hall

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policies, practices, or procedures. However, the determination

that an individual poses a direct threat to others may not be
based on generalizations or stereotypes about the effects of a
particular disability. Such a determination must rely on current
medical evidence or the best available objective criteria. For
further discussion, see section 36.202 of the title III
regulation at pages 35595-35596 and 35560-35561.

The current medical evidence does not suggest that HIV can
be contracted through casual contact, perspiration, or urine in
an exercise room, sauna room, or pool. For this reason, a person
with HIV disease should not pose a direct threat to others in a
health club, and therefore cannot be denied membership on the
basis of that disability. For more information about HIV
transmission and prevention, you may call the U.S. Public Health
Service Hotline, open 24 hours daily, at (800) 342-AIDS.

Mr. Martin expressed concern for the "disastrous effect" he

believes admitting a person with HIV would have on his business.
He claims that fitness center members and employees will be
fearful of sharing facilities with such a person, although he
presents no medical foundation for such fears. We suggest that
Mr. Martin inform the center's employees and members, through
training or dissemination of information, that a person with HIV
or AIDS does not pose a serious risk to them in a fitness center
setting. In any event, the ADA prohibits the use of unfounded
fears as an excuse to exclude people with disabilities.
I hope this information is useful to your constituent in
understanding the requirements of the ADA.

Sincerely,

James P. Turner
 Acting Assistant Attorney General
Civil Rights Division

Enclosures (2)
Title III Regulation
Title III Technical Assistance Manual

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NEW FITNESS CENTERS, INCORPORATED

LIFE EXECUTIVE OFFICES: 7805 N. DIXIE DRIVE DAYTON, OH 45414
(513)890-9800

The Honorable Tony P. Hall

Rayburn House Office Building
Room 2264
Washington, D.C. 20515

December 23, 1992

Dear Congressman Hall,

We are faced with a tremendous problem that at present seems

impossible to overcome. I am, and have been, in the fitness
business for the past 25 years. The recent passing of the
Americans With Disabilities Act (ADA) has resulted in our being
placed in a very difficult position. We have been approached by
a young man who has advised us that he has tested HIV Positive.
He wants to purchase a membership in our facility and I am
afraid his use and contact with other members will result in the
total loss of our business.

Please understand that I am not without sympathy for this young

man. Fourteen months ago I lost my 31 year old son to cancer,
and I watched him suffer for almost seven years. His passing was
the most horrible experience our family will ever face.

I tell you this because his weight loss, color, and general
appearance was very close to those that have AIDS, and I am very
familiar with the reception he received when we would be in
public together. People would avoid sitting next to us in
restaurants, stare at him as we would walk through stores, etc.
The public is simply not ready to accept people who have even a
vague look of the AIDS disease.

I talked to your office today and asked for any help or advise
that could help in this situation. I realize that fitness
centers (health spas) are covered under the ADA, but I do not
believe that those that considered the bill were aware of the
disastrous effects it will have on our business and industry. No
member is going to swim in a pool or sit in a whirlpool with a
person who is HIV positive. No member is going to sit in a steam
room or sauna, or even exercise with a person who looks like he
is very ill, or who advises those that ask that he/she is HIV
positive.

The result, if we are required to sell a membership to this man,

will undoubtedly be a boycott of our business, by the public.
Staff, who were told of his condition when he came into the
facility to submit an application took a shower immediately

01-01933

after he left. I'm told they may all quit. Members, who will
have to share the facilities, will quit coming and cancel their
memberships. After 25 years of service to the communities, we
will undoubtedly lose our business because the public is simply
not going to accept this without reacting.

I do not know what, if anything, can be done but I find it very

difficult to believe that my government has passed a law that is
about to make me lose a lifetime of work. That my future, my
livelihood, my life investment, and the employment of our
employees, is dependent on a person or persons who we never even
heard of a week ago. Where is the fairness and common sense?

Your office has agreed to send me additional information on the

ADA. Lawyers we have talked to have indicated that there is
probably nothing we can do because the law has been written.
Your office did not disagree, so it appears my choice is to
allow the purchase, and go out of business, or deny the
membership and defend myself with the only guarantee that it
will probably cost more than we can afford, and we will go out
of business. Some choice. (b)(6)
XX

I realize, Congressman Hall, that you are very busy and

certainly other matters are equally important. I am asking for
you consideration in this matter, and possibly a ruling by
whatever agency that oversees the administration of the ADA.
While I know and understand the chances of infection are
limited, that is NOT the perception the general public has and
the reality is that they will not support my facility by buying
memberships, they will not renew their memberships, and we (my
Company and employees) will suffer the consequences. The public
hysteria is real and alive across the Country, and I believe our
entire industry will eventually be lost if common sense does not
prevail, and prevail quickly.

Sincerely,

Ronald D. Martin
President

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