MAY 10 1993 The Honorable C. W. Bill Young U.S. House of Representatives 2407 Rayburn Building Washington, D.C.

20515-0910 Dear Congressman Young: This letter is in response to your inquiry on behalf of your constituent, XXXXXX concerning his rights as a deer hunter with a mobility impairment, and his experience with the XXXXXXXX The Americans with Disabilities Act of 1990 ("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, and it is not binding on the Department. XXXXXX expresses his concern that the XXXXX has discriminated against him by refusing to allow him to cross their property on his ATV, although other hunters are allowed to do so. In general, title III of the ADA forbids discrimination against individuals with disabilities by places of public accommodation. However, in many circumstances title III does not apply to private clubs. It is not clear from XXXXXX letter whether the XXXXX qualifies as a private club under the prevailing Federal law. Over the years, the Federal courts have looked to several factors to determine whether a particular entity is a private club. Some of the more significant factors include the degree of member control of club operations, the selectivity of the membership process, whether substantial membership fees are charged, whether the entity is operated on a nonprofit basis, and the extent to which the facilities are open to the public. cc: Records, Chrono, Wodatch, Breen, Contois, McDowney, FOIA Udd:Contois:CGL:Young

-2The only exception to private clubs' exemption from title III arises when a private club opens its facilities to the public. In such a case, to the extent that the private club opens its facilities to the public, it must comply with all of the applicable requirements of title III. Thus, even if the XXXX XXXX does qualify as a private club, and therefore is not covered by the ADA, if the club is allowing members of the public to use its land or facilities, then it must do so in a nondiscriminatory manner. Finally, it appears that XXXXX circumstances may raise questions of State property law relating to easements or other issues. The Department of Justice is not able to offer any guidance on issues of State law. If XXXXX feel that the XXXXX is not a private club, or if he feels that it is a private club that has opened its facilities to the public such that it is covered by title III of the ADA, he may either file a lawsuit against the XXXXX or he may file a complaint against the club with the Department of Justice, or he may do both. If he wishes to file a complaint with the Department, he should write to the Public Access Section, Civil Rights Division, U.S. Department of Justice, Post Office Box 66738, Washington, D.C., 20035-6738. I have enclosed for your information a copy of the Department of Justice's title III implementing regulation, and a copy of the Department's Technical Assistance manual for title III. The exemption for private clubs is contained in section 36.102(e) of the regulation, at page 35593, and the definition of a private club is discussed in the preamble to the regulation, at pages 35552-53. The rules regarding private clubs are further discussed in the Technical Assistance manual at pages 5-6. I hope this information is useful to you in responding to your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division

Enclosures (2) ---------------------------------------------------------------January 22, 1993 XXXXXXXX St. Petersburg, Florida 33702 The Honorable C. W. "Bill" Young United States House of Representatives Room 627, Federal Building 144 First Ave. South St. Petersburg, Florida 33701 Dear Sir, I contacted your St. Petersburg office on 10/28/92, to get some information on The Americans With Disabilities Act. Your office promptly mailed PL-101-336 to me, and I called your office again, at which time I spoke to Greg Lankler, who advised me to present my case to your office and that The Justice Department would look at my evidence in light of filing Discrimination charges against the party envolved, based on PL 101-336, July 26, 1990. BACK GROUND XXXXXXXXX in the middle 1920's, was a founding member of the than XXXXXXX, now known as XXXXXX. His best friend , XXXXXXX asked XXXX to sell his membership, and come as his guest. Being a coal miner in the twenties, $150.00 was a lot of money, and XXXXX had a nice cabin, so sold his share. XXXXXX died several years ago, and was an honorary member until his death In XXXXXX plus. Over the years, we ate at the club's cook cabin (paid $65.00 per person) , hunted on club land, but mostly in the Dickenson Ridges of The George Washington National Forest. Though I had been going to the camp since I was XXX years old, my first hunting experience there was in XXXX. By 1958, XXXX and two XXXXXX (Both diseased) , purchased an acre plus of land, and built a cabin about one mile from XXXXX main cabin area. Our land joined the XXXXXX property, XXXXX of the Dickenson, so we were allowed to hunt on the portion (approx. 80 acres) of land off of the main club property, and we had PERPETUAL access

to The National Forest, and Club property behind our cabin. That portion of the National Forest is LAND LOCKED Encl: (1) and (2) with no other access easement except through XXXXX XXXXX property. There had been a motorcycle trail, but in recent years, ATV'S have taken over, so there is a well established trail, used all year long, by XXXXXXX XXXXX and the family members of these men use this trail all year long to access The National Forest with ATVs. Consequently, from that stand point, the easement is used by the Public at large. The XXXXXXX properties join each other, and enclosed pictures of the property shows ----------------------------------------------------------------------(2) the trail easement on the XXXXXX property actual being used by XXXXXX on the ATV trail 11/15/92, as Encl; (3). My hand drawn map Encl (4), is an illustration of roughly how the easement runs, why the ATVs are necessary, and why as a disabled person, I cannot access the National Forest land on foot or without a mechanical means through the steep mountains. NONE of the members of the camps, XXXXX access the National Forest without ATVs, so why, as a Disabled Person should I be expected to WALK TO places that other people have to ride to. MY MEDICAL HISTORY XXXXXX to my stand by a Honda 250 TRX in The Dickenson Ridge area over the ATV easement. The party who provided my ride, has not hunted with us since 1986, so in 1987, I reluctantly purchased a Honda 250 TRX on XXXXX Encl, (5). It was quite some time before I became proficient at operating my machine since I had no previous experience in this area. I was placed on Social Security Disability as of XXXXXX of XXXXX The State of Florida retired me Disabled from the Teaching Profession. Proir to these decisions, as a result of injuries received in XXXXX The Veterans Administration granted me a waiver of premiums as of XXXXX shortly after the date of my accident on XXXXX and I have not worked a day since Encl; (6), (7), (8), (9) and (10). With my Disability, the only way I could continue to enjoy life ( a nearly complete shut down) , was to try and continue in the sport of hunting which I dearly love, and it adds meaning to my life. The hunting also kept our family together, XXXXX and I. XXXXX XXXX a 250 at the same time that I did, and a special

all steel trailer was constructed for easy on and off loading, plus hook-up. XXXXXXXXX the ATVs to the state of Virginia and XXXXX We in sharing expenses, have spent a considerable amount of money on equipment, and in time XXXXXXXXXXXXXXX, for the sole purpose of hunting deer in the Dickenson Ridges. No matter where I hunt, I have to have someone with me or close by to assist me should I shoot something. PAST EVENTS A few years back, in XXXXX Encl (11) the than West Virginia Hunt Club, had expanded their hunting crew, and could no longer accommodate us, sometimes as many as nine people, to eat in their cook cabin ($65.00) per person for one week, so they advised us by letter of the change. This was tradition XXXXXXX XX, however, we had kitchen facilities in our cabin, so this worked out for us. XXXXXXX had sold the cabin, so when it went back on the market, XXXXXXXX it for remodeling into a XXXXXXX The cabin was a one room 14 x 28 feet, but it is now a XXXXXX. We were subsequently advised that the increased number of hunters, necessitated that we could no longer hunt on the land directly behind the cabin, which XXXXXX had done for some sixty five years. This was an imposition on us, but we had good stands in the Dickenson Ridge of The National Forest, just at the end of XXXXXX property, and we understood their problems. This did however, start our letter -----------------------------------------------------------------(3) writing, which up to that time, was a Sportsman's agreement based on XXXXX being a long time, and sole surviving XXXX XXXXXX of their club. We at this time went through a Yes you can, No you cannot cross the property this year, in an inconsistent manner. The Encl;(12-17) for 1986-92, tell the story. 1988 and 1989, we were notified by WORD OF MOUTH, after their annual club meeting on Sunday evening at about 8 to 9 PM as whether we could access The National Forest, via ATV over their easement. With the deer season opening at day light the next morning, they literally wrecked our hunting season time and time again, causing us to scramble as to where to go for that all important first day of

the Virginia deer season. The 1990 - 91 deer season came in Encl; (16), and they let us use our ATVs on the ATV easement, so when the 1991-92, muzzle loading season came in, the Club president, XXXXXX let us use our ATVs from Monday through Saturday, and on Sunday evening, the Club Board voted that we could not use ATVs on Monday morning the first day of the regular deer season, which was a 180 degree turn over night . The three times that they did this to me, I cut my hunting time short, and returned south in disgust, disappointmant, and depressed. Enclosure (18) is a report by XXXXXXX XXXXX that states, I suffer from XXXXXXXXXXXXX whuch I try to keep under control , however, when you get all built up to do one of your favorite activities, and the rug is pulled out from under you, your whole world gets blown apart. I suffer XXXXXX, tense up and my pain level increases, I become moody, loose sleep, have to take more medication, and it takes a good while before I get everything under control again. My trip has been ruined, my whole body suffers, and I do not function well under stress. Therefore, to try an get as an early answer this year of yes or no, from the club XXXXXXX in the club that had an XXXXXXX on or could get one for, in hopes of XXXXXXX in my favor. I will be XXXXXXX in XXXXX of this year, so it is too late in life for me to start over. The XXXXXXX are some what personal, and little redundant, but there was information that I felt they needed to know in XXXXX XXXXXXXXXX at any meeting. Some members of the club did XXXXXXXX but most did not. Enclosure (17) advised me of a SPECIAL MEETING CALLED for this purpose, at which time I was giving permission to WALK through the mountains, XXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXX to reach The National Forest) XXXXXXXXX use my ATV. No one in the XXXXXXXXX camp had any restrictions placed on them whatsoever. To me this is BLATANT DISCRIMINATION XXXXXXXXXXXXX as a disabled Hunter, and in my XXXXXX which surely were XXXXXXXXXXXX XXXXX because XXXXXXXX got a copy of every letter that I sent out. XXXXXXXXXXXXXX I walked to the XXXXXXX cabin, and tried to get pictures of the very well used ATV easement behind his cabin even though the general deer season did not come in until Monday, XXXXXXXX. Than on XXXX

XXXXXXXX I caught the XXXXXXXXXX coming down the ATV easement on their ATVs from a scouting trip Encl (3) -------------------------------------------------------------------------(4) When XXXXX passed away, I sent a letter to XXXXX of Mt. Hope W. Va, our home town of record, Encl (19), and this could well have been their reason for allowing passage on the ATV easement in 1990. Enclosures (20 -37) show my attempt at literally begging to use my ATV on XXXXXXXXX easement in the easiest way that knew how to do it, and they still singled me out, killing my chance of an enjoyable hunt. I would not have gone at all this year had it not been for a local land owner in the area, Encl (38), who gave us permission in advance by phone, to hunt on their property. This allowed me to sit on the edge of their fields, thereby not requiring any Mechanical means to get there other than XXXX XXXXXXXX. MISCELLANEOUS INFORMATION Enclosures (39-43) are pictures taken at various times in, around, and on XXXXXXXXXXXX property easement. Encl (44) letter to XXXXXXXX, who when I could not use XXXXXXXXXXX easement to access the National Forest on my ATV, allowed me to hunt on their land. PUNITIVE Based on PL 101-336, July 26, 1990, XXXXXXXXXXX BLATANT Discrimination against me as a Disabled Person in preventing me from entering on Federal land, By ATV over an established public access easement by necessary mechanical means, the great expense in purchasing the XXXXXXX the specially modified trailer, the ruining of at least three two week deer hunting trips, the mental, emotional strain, and disruption of my personal life through Post Traumatic Stress, and the expense in marking those 2000 mile round trips, I feel that I should be awarded PUNITIVE DAMAGES from XXXXXXXXXXXXX. I will deeply appreciate it if you could present my case to The Justice Department as it relates to this National Law to project the rights of Disabled People.

When this material has served it's purpose, please return it to me as the pictures have a lot of meaning to me personally. Sincerely, XXXXXXXXXXXXXX ENCL: (1) Map of The George Washington National Forest (2) Map (large) George Washington National Forest (3) Pictures (4) Hand drawn map (5) XXXXXXXXXXX (6) Social Security Decision (Disability) (7) State of Florida Div. of Retirement (Disability) (8) Veteran's Administration letter (9) Disabled parking permit (10)Florida Disabled hunting permit (11) XXXXXXXXXXXXX