JUL 23 1993

The Honorable Elton Gallegly Member, U.S. House of Representatives 300 Esplanade Drive Suite 1800 Oxnard, California 93030-1262 Dear Congressman Gallegly: This letter is in response to your inquiry on behalf of your constituent, xx , concerning the problems he has encountered in meeting the requirements of the Americans with Disabilities Act ("ADA" or "the Act"). 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 of Justice. Your constituent requested information concerning his obligations under the ADA and what exceptions, if any, apply to existing facilities, new businesses, and small businesses. Title III of the ADA applies to places of public accommodation, including all sales and rental establishments. See the discussion of this issue at 36.104 of the enclosed title III regulation and p. 2 of the enclosed title III technical assistance manual. Both the landlord who owns the building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are subject to the requirements of the Act. See the regulation at 36.201 (b)and the technical assistance manual at p. 3. There is no exception under the ADA for small businesses. cc: Records, Chrono, Wodatch, Magagna, Perley, McDowney, FOIA, MAF

udd\rossi\perley\conqress.man 01-02463

-2Under title II, an existing facility that is a public accommodation must remove architectural barriers to access where such removal is readily achievable. The removal of architectural barriers to access is readily achievable where such removal is easily accomplishable and able to be carried out without much difficulty or expense. The rearrangement of temporary or movable structures, such as furniture, equipment, and display racks, is not considered readily achievable, and therefore not required, to the extent that it results in a significant loss of selling or serving space. Further clarification of these issues can be found at 36.304 of the regulation and pp. 29-35 and 37-38 of the technical assistance manual. If XX plans to alter the facility for a new tenant, such alterations that affect or could affect the usability of the facility or any part thereof must fully comply with the ADA Standards for Accessibility, which are appended to the title III regulation. The path of travel leading to the altered areas that contain a primary function, as well as the restrooms, telephones, and drinking fountains serving such areas, must also comply with the ADA Standards for Accessibility, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. Discussion of the alteration provisions of the ADA can be found at ​ 36.402 and 36.403 of the regulation and pp. 48-51 of the technical assistance manual. Please be advised that many state and local building codes have additional accessibility requirements. Even though your constituent may be in compliance with the ADA, he must also comply with his state and local codes if they provide for greater accessibility.

I hope that this information is helpful. You may wish to inform your constituent that further information is available through the Americans with Disabilities Act Information Line at (202) 514-0301. Sincerely,

James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures

01-02464 May 6th 1993

Congressman Elton Gallegly 300 E. Esplanade #1800 Oxnard, Ca. 930301202 Dear Congressman Gallegly: It took seven months for my tenant and I to obtain a Planned Dev. Permit. The tenant sells trash and treasures the building 900 sq. ft. has tables and shelves with some valuable antiques. The County has advised the tenant he must provide for wheelchair space and if this is done it will not only widen four doorways but tables and shelving would have to be eliminated and then chances for breakage would be great. So my tenant decided to move out. I want to know what exceptions I can be given in this situation when I speak to a prospective tenant. I know the County and Cities do not have the manpower to go after existing

violations and there are hundreds not only restaurants but other business including Federal County and City buildings who are and will continue to be in violation. What if the restroom is eliminated or if a Johnny if provided outside This is without question a hardship on the small businessman and unfair to only target a new business. I would appreciate your checking into this and advising. Sincerely


Oxnard 93030 485 9894