AUGUST 12, 1993 The Honorable Don Nickles United States Senator 409 South Boston Suite 3310 Tulsa

, Oklahoma 74103 Dear Senator Nickles: This letter is written in response to your correspondence on behalf of your constituent, xx who alleges that she was discriminated against on the basis of her disability by Sinco Gas Station in Elgin, Oklahoma. XX also requests information concerning her rights under the Americans with Disabilities Act of 1990 (ADA). Title III of ADA prohibits sales establishments from discriminating against persons with disabilities by excluding such persons from their facilities or from the benefits of their services. All new construction and alterations to existing facilities, such as the gas station described by xx , must be readily accessible to and usable by persons with disabilities and should be designed and built according to the ADA Standards for Accessible Design, 36 C.F.R. pt. 36, Appendix A. By contrast, public accommodations in existing facilities must remove architectural barriers to access only where such removal is readily achievable, that is, where it can be accomplished easily and without much difficulty or expense. These requirements appear in sections 36.401 and 36.304 of the enclosed ADA title III regulation, at pages 35599-35600 and 35597- 35598, respectively. Also enclosed is the Department's Title III Technical Assistance Manual, which may provide further assistance to your constituent. Pertinent discussion may be found at pages 43-53 (new construction and alterations) and 28-36 (existing facilities). Persons who believe that they have been discriminated against on the basis of disability have two enforcement options under the ADA: (1) they may secure private legal representation and bring an action in federal district court, or (2) they may file a complaint with the U.S. Department of Justice. cc: Records; Chrono; Wodatch; McDowney; Magagna; Nakata; FOIA;,

MAF.

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-2If XX wishes to file a formal complaint with the Civil Rights Division, she should send any relevant information to the Public Access Section, Civil Rights Division, U.S. Department of Justice, Post Office Box 66738, Washington, D.C. 20035-6738. The Department is not able to open an investigation of every complaint it receives, but gives careful attention to every complaint that it receives. I hope this information is of assistance to you in responding to your constituents complaint. Sincerely,

Brian K. Landsberg Acting Assistant Attorney General Civil Rights Division Enclosures

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17 Apr 93

Dear Senator David Boren, 612 N Robinson , OKC, OK 73102 Senator Don Nicholes, 100 N Broadway, OKC, OK 73102 Disabled American Vets, P.O. Box 75861, OKC, OK 73147 District Court Clerk, Federal Court House Bldg, OKC, OK Community Actions Agency, 1904 SW Washington, Lawton, OK 73501 Comanche County Court House, 5th and D St., Lawton, OK 73501 I was in Elgin, Ok on 14 Apr 93. I stopped by the Sinco Gas Station to buy a coke and to go to the bathroom. To my surprise this station does NOT have handicapped bathrooms. I was born with Spinal Bifida and am confined to a wheelchair and require the special bathroom facilities. I asked the young snotty girl who was working at the counter, when was the building constructed. She asked why I wanted to know. I told her I was sure that the building was constructed without following the rules of the ADA. She said she didn't care, she wasn't the owner. So I told her she had Better tell the owner I was turning him in for not following Federal laws. She replied I could call the owner, Rodney Ryder. So I said ok--well guess what the telephone is up a step behind the

counter which I could not get up to either. And the young snotty girl took great pleasure in making a point of that. I told her I was going to contact an attorney, John Zelbst from Lawton. She said she didn't care Rodney probably knew John personally. So she wasn't the least bit concerned. I left and went to the Bank of Elgin and used the phone. I called John's office but he is out of town until 26 Apr. And I did leave him a message to call me. At the bank I did ask a couple of questions and found out the station was constructed in the 1990 timeframe. My question is--why was this building allowed to pass inspection when ADA requires all public buildings to be handicapped accessible? Who approved this? And what can be done to correct this? And Is there a FINE for the owner? I would personally like this station restructured to meet the required laws. The soap container is too high. The hand drying machine wasn't working. Please let me know what you do about this matter. Thanks, XX Ok City, OK 73162 CF: , Lawton, OK 73501 01-02526