OCT 25 1995 The Honorable Donald A. Manzullo U.S. House of Representatives 426 Cannon House Office Building Washington, D.C.

20515-1316 Dear Congressman Manzullo: This letter responds to your inquiry seeking information about the liability of contractors and architects under title III of the Americans with Disabilities Act of 1990. The Americans with Disabilities Act of 1990 ("ADA") authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist your constituent in understanding the ADA's requirements. However, it does not constitute a legal interpretation, and it is not binding on the Department. Title III of the ADA prohibits a variety of forms of discrimination against individuals with disabilities. One of its provisions -- section 302 of the Act, 42 U.S.C. 12182 -applies to public accommodations and prohibits any party that owns, leases, leases to, or operates a public accommodation from engaging in several forms of discrimination on the basis of disability (including, for instance, maintaining discriminatory eligibility criteria, failing to provide auxiliary aids and services when necessary for the participation of an individual with a disability, and failing to remove architectural barriers to access where it is readily achievable to do so). Another provision of title III -- section 303 of the Act, 42 U.S.C. 12183 -- applies to public accommodations and commercial facilities, and defines illegal discrimination to include failures to design and construct new public accommodations or new commercial facilities to be readily accessible to and usable by individuals with disabilities. (Handwritten) FOIA 01-03849​ -2Under this section, parties who participate in this type of

unlawful discrimination, such as an architect or contractor, may be found jointly liable for violating the ADA. I have enclosed for your information a copy of the Department of Justice's Technical Assistance (TA) manual for title III. Section III5.1000 of the TA manual discusses, on page 46, liability for violations of the ADA's architectural standards for new construction. I hope this information will assist you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosure 01-03850​ Congress of the United States House of Representatives Washington, DC 20515-1316 September 11, 1995 The Honorable Janet Reno Attorney General Department of Justice Tenth and Constitution Ave., N.W. Washington, D.C. 20530 Dear Attorney General Reno: I am writing to you on behalf of a consituent who has requested information regarding DOJ enforcement of the Americans With Disabilities Act. Specifically, I am interested in obtaining information pertaining to liability of contractors and architects with regards to public accomodations found to be in violation of ADA requirements. While I was of the understanding that liability was limited to owners, operators, lessors and lessees of places of public accomodation, my constituent is concerned that contractors involved in the construction of public accomodations may be held jointly liable for non-compliance with ADA guidlines. I would appreciate your assitance in clarifying this issue. Sincerely,

Donald A. Manzullo U.S. Congressman 16th District, Illinois DAM:trw 01-03851