APR 26, 1993 The Honorable Dan Glickman Member, U.S. House of Representatives 401 N. Market St.

, Room 134 Wichita, Kansas 67202 Dear Congressman Glickman: This letter responds to your inquiry on behalf of your constituent, Jim Lauterbach, regarding the Americans with Disabilities Act (ADA). 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 you 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 of Justice. In your letter, you indicated that Mr. Lauterbach plans to renovate an existing building for purposes of turning it into a private club, and needs information regarding his responsibility to make the restroom accessible under the ADA. Title III of the ADA prohibits discrimination against people with disabilities by private entities, including places of public accommodation and commercial facilities. Private clubs are exempt from title III of the Act. 28 C.F.R. Sec. 36.102(e). Before your constituent concludes that his planned renovations are exempt from ADA requirements, however, he should be certain that the anticipated occupant of the renovated site is a private club as that term is defined by the ADA. Under the title III regulation (28 C.F.R. Sec. 36.104), the term "private club" is defined as a private club or establishment exempted from coverage under title II of the Civil Rights Act of 1964 (42 cc: Records; Chrono; Wodatch; McDowney; Magagna; Foran; FOIA. \udd\foran\glickman.con

01-02011 -2U.S.C. 2000a(e)). In determining whether a private entity qualifies as a private club under title II, courts have considered such facts as the degree of member control of club operations, the selectivity of the membership selection process, whether substantial membership fees are charged, whether the entity is operated on a nonprofit basis, the extent to which the facilities are open to the public, the degree of public funding, and whether the club was created specifically to avoid compliance with the Civil Rights Act. See Title III Technical Assistance Manual at pages 5-6; preamble to title III regulation at 3555235553 (enclosed). If your constituent concludes that the renovated site will not be operated as a private club, but instead as a public accommodation as that term is defined in the Act (see 28 C.F.R. Sec. 36.104; preamble to title III regulation at 35551-35552), alterations undertaken at the site must conform to the ADA standards for accessibility which appear as Appendix A to the title III regulation. Thus, if Mr. Lauterbach's club is actually a public accommodation, and he alters the restroom, such alterations must conform to these standards. Title III places an additional accessibility requirement when alterations are made to a "primary function" area. The law requires that 20% of the cost of all alterations made to a "primary function area" is to be applied to making an "accessible path of travel" to the altered area and to restrooms, water fountains, and telephones serving the altered area. Therefore, even if Mr. Lauterbach did not initially renovate the restroom area, it is possible that he would have to apply some of this 20% figure to making the restroom accessible. This requirement is discussed more fully in the enclosed materials. See Title III Technical Assistance Manual at 48-53; preamble to title III regulation at 35580-35584.

I hope this information is useful to you. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures (2)

01-02012 CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES WASHINGTON, DC 20515-1604 March 9, 1993 Office on the ADA Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035 Dear To Whom It May Concern: I am writing this letter in regard to a request for assistance from Jim Lauterbach, a constituent of mine. Mr. Lauterbach has been unable to reach your office by phone, therefore he has contacted my office for assistance. Mr. Lauterbach would like to turn a preexisting building that houses a craft store into a private club. He needs information as to what the ADA accessibility guidelines are in terms of building accessible restrooms. According to Mr. Lauterbach, there is one restroom in the building and it is not handicapped accessible. He contends the cost to upgrade the restroom will be too great at the moment, and would

like a waiver to open the club as soon as possible, with the intention of upgrading the restroom when he receives a cash flow from the use of the club. I would greatly appreciate any information you could share with me regarding Mr. Lauterbach's concerns. Please feel free to contact Janet Anderson in my Wichita office if you have further questions as she is assiting me in this matter. With best regards, DAN GLICKMAN Member of Congress DG:joa 01-02013