T.

11-24-93

DJ 202-PL-705

NOV 29 1993

Mr. Anthony H. Vergona

1653 Dogwood Drive
Harvey, Louisiana 70058-3534

Dear Mr. Vergona:

This letter is in response to your inquiry about the

application of the Americans with Disabilities Act (ADA) to
cruise ships and casino boats that operate on the Mississippi
River.

The ADA authorizes the Department 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. However, this
technical assistance does not constitute a legal interpretation
of the statute, and it is not binding on the Department.

Cruise ships and casino boats may be subject to the

requirements of both the Department of Justice and the Department
of Transportation regulations implementing title III of the ADA.
This Department's regulation implementing title III applies to
private entities that own, operate, lease, or lease to a private
entity whose operations fall within one or more of twelve
specified categories. Among those categories are places of
lodging, places that serve food or drink, places of public
gathering, and places of recreation or entertainment. If the
activities conducted on a ship fall within one or more of these
categories, the ship would be considered a place of public
accommodation that is subject to the Department of Justice title
III regulation.

A ship that is a place of public accommodation must comply

with the full range of title III requirements, which include
nondiscriminatory eligibility criteria; reasonable modifications
in policies, practices, and procedures; provision of auxiliary
aids; and readily achievable removal of barriers in existing
facilities. However, a ship is not required to comply with a
specific accessibility standard for new construction or
alterations because no Federal standard for the construction of
accessible ships has been developed.

cc: Records, Chrono, Wodatch, Blizard FOIA Friedlander

n:\Udd\blizard\adaltrs\vergona

01-02751

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Coverage of cruise ships is discussed in the preamble to

section 36.104 of this Department's title III regulation (at page
35550) and in section III-5.3000 of the Title III Technical
Assistance Manual. Copies of the regulation and the Technical
Assistance Manual are enclosed for your information.

Under the regulation issued by the Department of

Transportation, cruise ships are classified as "specified public
transportation," because they are operated by a private entity
that is primarily engaged in the business of providing
transportation. Entities operating forms of specified public
transportation may not discriminate on the basis of disability in
providing transportation services. Additional information about
the regulation issued by the Department of Transportation may be
obtained from the Office of the General Counsel, U.S. Department
of Transportation, 400 7th Street, S.W., Washington, D.C. 20590.

I hope that this information is helpful to you.

Sincerely,

John L. Wodatch
Chief
Public Access Section

Enclosures
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