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T. 11-18-93 202-PL-483 NOV 19 1993 Mr. Thomas Mohr President Mohr Transit, Inc.

3311 South Harrison Street Fort Wayne, Indiana 46807 Dear Mr. Mohr: I am responding to your letter asking for clarification of the requirements of title III of the Americans with Disabilities Act (ADA), 42 U.S.C. ​ 12101 et seq., and this Department's regulation implementing title III, 28 C.F.R. pt. 36. You have asked whether the ADA would require Mohr Transit, Inc. to use lift-equipped vehicles for a combined mobile restaurant and local tour vehicle. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This letter provides informal guidance to assist you in understanding the ADA and the Department's regulation. However, this technical assistance does not constitute a determination by the Department of Justice of your rights or responsibilities under the ADA, and it is not binding on the Department. Title III of the ADA prohibits discrimination on the basis of disability in any place of public accommodation that is subject to the Act. Places that serve food or drink, places of public gathering, and places of entertainment are public accommodations that are subject to title III; therefore, the mobile restaurant and sight-seeing tour that Mohr Transit plans to operate will be required to make its services accessible to people with disabilities in accordance with the full range of title III requirements, such as nondiscriminatory eligibility criteria; reasonable modifications in policies, practices, and procedures; provision of auxiliary aids; and removal of barriers in existing facilities. The ADA requires places of public accommodation to remove architectural, transportation, and communication barriers to the extent that it is readily achievable to do so; however, the Act specifies that retrofitting an existing vehicle with a hydraulic lift is not required. cc: Records, Chrono, Wodatch, Blizard, FOIA, Friedlander n:\udd\blizard\adaltrs\mohr 01-02704

-2In addition, Mohr Transit is required to comply with the applicable ADA standards for accessible design. This Department's current Standards contain no requirements that apply to the construction of an accessible vehicle; however, Mohr Transit is also subject to ADA regulations issued by the U.S. Department of Transportation, 49 C.F.R. Parts 37 and 38. These regulations establish the requirements for the purchase of accessible vehicles by private entities that provide transportation services, and they establish design and Construction standards for accessible vehicles. For further information about these regulations, you should write to: The Office of the General Counsel U.S. Department of Transportation 400 7th Street, S.W. Washington, D.C. 20590 For your information, I am enclosing a copy of the Department's regulation implementing title III of the ADA and the Title III Technical Assistance Manual, which was developed to assist individuals and entities subject to the ADA to understand the requirements of title III. I hope that this information is helpful to you. Sincerely,

John L. Wodatch Chief Public Access Section Enclosures