DJ 202-PL-304 MAY 14 1993 XXXXXXXXXXXXX XXXXXXXXXXXXXX XXXXXXXXXXX Dear Mr.

XXXX, This letter responds to your inquiry regarding the applicability of the Americans with Disabilities Act (ADA) to amusement parks. 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. Your letter inquires into the intent of the ADA and its application to lines for attractions at amusement parks. You state that you witnessed individuals with disabilities being permitted to avoid attraction lines and inquire as to whether this policy is consistent with the ADA. The intent of the Americans with Disabilities Act is to set a national mandate for the elimination of discrimination against individuals with disabilities. To further this goal, the Act contains specific provisions designed to assure that individuals with disabilities may enjoy the full range of goods, services, privileges and advantages offered by public accommodations. Title III of the ADA imposes certain obligations on places of public accommodation to ensure that their services are provided to individuals with disabilities. The Act specifically includes amusement parks and other places of recreation in its definition of a public accommodation. See section 36.104 of the enclosed title III regulation at page 35594. cc: Records, Chrono, Wodatch, Breen, Foran, FOIA Udd:Foran:Disney.XXXX

-2The ADA does not require affirmative action or preferential treatment of individuals with disabilities. Public

accommodations, however, are required in certain cases to make reasonable modifications to their policies, practices, or procedures when modifications are necessary to afford goods, services, facilities, privileges or advantages to individuals with disabilities. See section 36.302 of the title III regulation at page 35596-97, and preamble at 35564-65. In light of this requirement, an amusement park may be required to modify its policies to allow an individual with a disability to be admitted to an attraction without waiting in line, if delay would prevent the individual from participating in the service because of the nature of the disability. I hope this information is useful to you in understanding the requirements of the ADA. Sincerely, John L. Wodatch Chief Public Access Section Enclosures (2) Title III Technical Assistance Manual Title III Regulation

August 21, 1992 John L. Wodatch, Director Office of Americans With Disabilities Act Department of Justice PO Box 66738 Washington, DC 20035

Dear Mr. Wodatch: In my daily job with an occupational licensing board I have bumped into the Americans With Disabilities Act more than once. While it has many positive features, this measure may also have some unexpected consequences. During a recent visit to a theme park in Orlando I observed several instances of one kind of conduct that is worthy of inquiry. we were standing in line for over 30 minutes at an attraction as a person in a wheelchair was pushed past several hundred pedestrians to the front of the line and admitted to the show, along with 6 fully able people in the party, without delay. Two such groups were seated within five minutes while hundreds watched. Among the comments from observers were several that I doubt were part of the legislative history of the Americans With Disabilities Act. The reason for this letter is to inquire of you or your staff as to the intent of the statute in this situation. Apart from preferential parking places, did Congress really intend for citizen with disabilities, and their companions, to receive this kind of treatment? Or did Congress mean that the disabled should be free of artificial barriers and have the same access and opportunity as all other citizens to experience the August Orlando sun? Very truly yours, XXXXXXXXXXXX copy: Michael Eisner, Walt Disney Company