JUN 11, 1996 XX Dear Mr.

XX :

The Disability Rights Section of the Civil Rights Division, Department of Justice, has reviewed your recent inquiry to President Clinton about alleged discrimination on the basis of disability at an All Seasons Resorts residential camp facility located in Ohio. You indicated that you filed a lawsuit regarding the incident at a local court in Dayton, Ohio. We have carefully reviewed the issues raised and have the following suggestions with respect to them. Title II of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in the services, programs, and activities of public entities (State and local governments). This office is responsible for investigating alleged violations of title II by public entities for which it is the designated enforcement agency, including State and local law enforcement programs and court systems. Absent exceptional circumstances, however, this office does not intervene in litigation in State or local courts and does not review decisions of such courts on the merits of cases pending before them. Accordingly, we have determined that intervention by the Department of Justice in your court case is inappropriate. We suggest that you contact private counsel for advice on how to obtain a decision in the case, or otherwise bring the case to closure by the courts. The information you provided about the incident describes it as involving an All Seasons Resorts facility, which may be a place of public accommodation, subject to title III of the ADA. Title III prohibits discrimination on the basis of disability by places of public accommodation. If an All Seasons Resorts facility constitutes a recreational establishment, it may be covered by title III of the ADA, and may be required to reasonably modify its policies regarding the services it provides in order to afford those services to individuals with disabilities, unless it can demonstrate that such policy modification would fundamentally alter the nature of the services. In addition, the facility may be required to remove physical barriers to access to the extent that such barrier

cc: Records, Chrono, Wodatch, McDowney, Talian, FOIA n:\udd\talian\congress\XX .hud\sc. young-parran

01-04289 -2removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense. Coverage and enforcement of title III of the ADA is described in the enclosed manual. Strictly residential facilities, however, are not places of public accommodation under the ADA. Instead, such facilities may be required to meet nondiscrimination and accessibility requirements under the Fair Housing Act, enforced by the following office: Ms. Sara K. Pratt Director, Office of Investigations Fair Housing and Equal Opportunity Department of Housing and Urban Development 451 7th Street, S.W. Room 5204 Washington, D.C. 20410. I hope this information is useful in resolving your concerns. Sincerely, John L. Wodatch Chief Disability Rights Section Enclosures