MAR 11 1994

The Honorable Christopher Shays Member, U.S. House of Representatives 10 Middle Street, 11th Floor Bridgeport, Connecticut 06604 Dear Congressman Shays: This letter is in response to your inquiry on behalf of your constituent, XX (b)(6) Your letter indicates that XX uses a wheelchair and must use the full-service pumps at gasoline stations. XX asked whether the Americans with Disabilities Act ("ADA") requires gasoline stations to offer self-service prices to individuals with disabilities who must use full-service pumps. Title III of the ADA applies to all privately owned places of public accommodation. Title III sets forth twelve categories of entities that are places of public accommodations having obligations under the Act. One of these categories is "service establishments," which includes gasoline stations. Under title III existing facilities must remove all architectural barriers to access if such removal is readily achievable. Removal is "readily achievable" if it is easily accomplishable and able to be carried out without much difficulty or expense. Accordingly, a gasoline station with self-service pumps must remove any barriers that prevent individuals with disabilities from using the self-service pumps, as long as the removal is readily achievable. If it is not readily achievable for a gasoline station to remove these barriers, then the service station must use an alternative method to provide its services to individuals with disabilities, such as providing refueling services upon request to an individual with a disability, if the alternative is readily

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-2achievable. In certain situations some alternative methods are not required because of security considerations. For example, a cashier at a gasoline station is not required to leave his or her post to provide refueling services for an individual with a disability when there are no other employees on duty. If, however, a gasoline station provides its services through alternative measures, it cannot place a surcharge on individuals with disabilities for the costs associated with that alternative method. Thus, if a person with a disability is provided fullservice refueling because the self-service island is inaccessible, the gasoline station must provide the refueling service at the self-service price. These obligations are described in more detail in the enclosed Technical Assistance Manual published by the Department of Justice. See sections III4.4000 and III-4.5000. If you would like to obtain a subscription to the Technical Assistance Manual and annual supplements, please see the enclosed subscription form for further information. If XX believes that the gasoline station in question has violated title III, he may file a complaint in Federal court to enforce the Act, or he may file a complaint with the Department of Justice, which is authorized to investigate allegations of violations of title III in cases of general public importance or a pattern and practice of discrimination. If (b)(6) XX wishes to file a complaint with the Department of Justice under title III, he may address it to the Public Access Section, Civil Rights Division, U.S. Department of Justice, Post Office Box 66738, Washington, D.C. 20035-6738.

I hope this information is useful to you in responding to XX . For further information about the ADA, XX may call our ADA hotline at (202) 514-0301 from 1:00 p.m. to 5:00 p.m. EST. Sincerely,

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

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