JUN 16 1993 XXXXXX (b) (6) Battle Creek, Michigan 49015 Dear XXXX This letter is in response to your inquiries about

whether a dentist's office is covered by title III of the Americans with Disabilities Act of 1990 (the "ADA"), what the obligations of a dentist's office are under title III, and the allocation of responsibility under title III as between a landlord and tenant. 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 first about whether a dentist's office is covered by title III of the ADA. Title III applies to all privately owned places of accommodation, regardless of how many people they employ, or how large or small is their business. The title III regulation enforced by the Department of Justice specifically identifies a professional office of a health care provider as one type of service establishment which is considered to be a place of public accommodation, and therefore covered by title III. Under title III, any private entity that owns, operates, leases, or leases to a place of public accommodation is required to take certain steps to avoid discriminating against individuals with disabilities. Among other things, title II requires public accommodations to remove architectural barriers to access in their existing facilities to the extent that it is readily achievable to do so. This means that public accommodations must remove barriers to access whenever the barriers can be removed without much difficulty or expense. Examples of readily achievable barrier removal might include providing accessible

parking, providing curb ramps, widening doors, providing entrance ramps, enlarging toilet stalls, providing grab bars,-making lavatories accessible, and the like. cc: Records, Chrono, Wodatch, Bowen, McDowney, Contois, MAF,FOIA Udd:Contois:PL: (b) (6) 01-02399 -2The obligation to remove architectural barriers rests not only with the owner of the building which houses a place of public accommodation, but also with any private entity that operates the building, and any private entity that leases space in the building to house a place of public accommodation. Thus, the obligations of a public accommodation to remove barriers are the same whether it leases space or owns it, and if it-fails to do what is readily achievable to remove barriers to access, it can be held liable under title III regardless of whether it owns or leases the space. The Department of Justice's technical Assistance Manual for title III discusses the application of the title III to places of public accommodation on pages 1 through 3. On page 3 there is a discussion of the responsibilities of both the landlord and tenant. The obligation to remove architectural barriers to access is discussed on pages 28 to 34. I hope this information is useful to you in understanding the requirements of the ADA. Sincerely,

L. Irene Bowen Deputy Chief Public Access Section 01-02400​ December 11, 1992

Department of Justice Office of ADA I hope that you can answer a few questions for me. I have a copy of the new ADA law but no one thinks that it applies to them. I will give you just one example I have run into. My dentist is in a building with two other offices. I am(b) (6) and I cannot get in the bathroom. The people that own the building say that they do not have to make any changes and my dentist says that he does not have to make any changes. I have read the law through many times and on paper it applies but when one question them they all seem to have a loophole. Can you help?

Sincerely, Battle Creek Mi 49015 (b) (6)