7-13-94 AUG 8 1994 The Honorable Kent Conrad United States Senator 104 Federal Building 102 North Fourth Street Grand Forks, North Dakota 58203 Dear Senator Conrad: This is in response to your inquiry on behalf of your constituent, XX regarding his complaint about transportation for individuals with disabilities between terminals in an airport. Title III of the Americans with Disabilities Act of 1990 (ADA), for which this office has implementation responsibility, requires readily achievable removal of architectural barriers and reasonable modification of policies where necessary to facilitate access by individuals with disabilities to places of public accommodation. Places of public accommodation include terminals for specified public transportation. However, the Act explicitly exempts air transportation from coverage. 42 U.S.C. S12181(10). To the extent an airport is operated by an instrumentality of a State or local government, it may be covered by title II of the ADA. Such an airport may be considered a program of a public entity. Therefore, the public entity may be required to design and construct alterations and new construction of its facilities so they are fully accessible, to ensure program accessibility in existing facilities, and to reasonably modify its procedures to accommodate individuals with disabilities. Responsibility for enforcement of title II in the context of transportation lies with the Department of Transportation. 28 C.F.R. S35.190(b)(8). In addition, if an airport receives Federal funding or serves a certificated air carrier, it may be covered by Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. S794. The Department of Transportation has issued regulations under Section 504 to specifically address accessibility of both new and existing airport facilities. 49 C.F.R. part 27. cc: Records, Chrono, Wodatch, Hill, McDowney, FOIA, Friedlander

n:\udd\hille\policylt\conrad.ltr 01-03347 ​ -2Finally, the Air Carrier Access Act may be applicable to XX complaint. The Air Carrier Access Act prohibits air carriers from discriminating against people with disabilities in the provision of air transportation. 49 U.S.C. S1374(c). The Department of Transportation has responsibility for the implementation of the discrimination provisions of the Air Carrier Access Act. Thus, it appears that all of the issues raised by XX complaint are within the jurisdiction of the Department of Transportation. Because you have already contacted the Department of Transportation, it is likely that the review process pursuant to the applicable legal standards is already being undertaken. If XX wishes to have further information about the requirements of the ADA, he may contact our ADA information line at 800/514-0301 (voice) or 800/514-0383 (TDD). I hope this information will be useful to you in responding to your constituents. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division 01-03348 ​ United States Senate WASHINGTON, DC 20510-3403 June 21, 1994 John Wodatch Chief, Public Access Section Department of Justice, Civil Rights Division PO Box 66738 Washington, DC 20035 Dear Mr. Wodatch:

I am writing on behalf of Dr. XX of Grand Forks, North Dakota. He has contacted my office about his wife's difficulties when a flight was cancelled and she had to change terminals at Newark Airport due to rerouting. He indicates that his wife's mobility is impaired; she had to walk from one airport terminal to another at the Newark (NJ) Airport because the airport shuttle system was too slow to get her to her connecting flight and the airlines did not make any arrangement to assist her. Copies of correspondence from Dr. XX are enclosed. I am writing to you in the Department of Justice and to the Department of Transportation with the hope that this case will be thoroughly reviewed. I would like to know whether action will be taken by the airport, or by the airline companies, to prevent this kind of problem in the future for those who cannot easily walk between terminals. I would appreciate it if you would see that a response is forwarded to me at my Grand Forks office at: 104 Federal Building 102 North Fourth Street Grand Forks, ND 58203 (701) 775-9601 Thank you for your assistance with this matter. Sincerely, KENT CONRAD United States Senator KC:gjh 01-03349 HANDWRITTEN

Grand Forks Clinic, Ltd. Our Specialty is You 6/15/94

Senator Kent Conrad 102 N. 4th St #104 Federal Building Grand Forks, ND 58203 Dear Senator Conrad, I would like your help in reporting to the proper authorities an incident which occurred on 6/13/94. The general problem is described in the enclosed copies of correspondence. I think some action is warranted to force Newark Airport to consider and provide for handicapped persons transferring between terminals (including signage). Thank you for your help. Sincerely, XX XX P.S. Flights info: original flight: Northwest 3309 changed to Continental ILLEGIBLE 6/13/94 subsequent " : " 107 6/13/94 01-03350 HANDWRITTEN Grand Forks Clinic, Ltd. Our Specialty is You 6/15/94 Northwest Airlines Customer Relations 5101 Northwest Dr. St. Paul, MN 55111-3034 Dear Sirs: I'm enclosing a copy of a letter to the Nework Airport. I think that when you cancel a plane and re-route customers, they ought to be given accurate information about the transfer process in the substituted airport. In this case, we were not given proper information.

Our experience in Nework was dreadful. That airport should be avoided at all costs by people who have any mobility handicaps. We were not warned by the people in Binghamton that going through Newark would be an ordeal. Since you cancelled our plane, I feel you are responsible for our plight. I would like some conyensation (eg. a first class upgrade for the five of us who were inconvenienced) for this terrible inconvenien Sincerely, XX 01-03351 XX XX XX Grand Forks Clinic, Ltd. Our Specialty is You 6/15/94 Airport Manager Newark Airport Newark, NJ 07101 Dear Sir I had the misfortune this weekend to be re routed through your airport on my way from Binghamton to Minneapolis. Although we were told in Binghamton that transferring between terminals C and B was simple and handled by a shuttle, it was neither. My wife has multiple sclerosis. We asked for a cart to help her between gates. She was driven from the arrival gate in C to the door of the terminal and pointed in the direction of terminal B. She was told that the bus took too long and that she would have to walk to make it on time. The man offered to carry her bags for her and made it clear that he would require renumeration for doing so.

She made it to terminal B on foot exhausted and exasperated and angry. She should be. It is unconscious that you have such poor interterminal connection for your 01-03352