AUG 16 1996

The Honorable Harry Johnston Member, U.S. House of Representatives 1501 Corporate Drive Suite 250 Boynton Beach, Florida 33426 Dear Congressman Johnston: This is in response to document number DF, an inquiry on behalf of your constituent, Mr. XX . Mr. XX inquired about provisions for visually impaired patrons in several theaters for performing arts. Title II of the Americans with Disabilities Act of 1990 (ADA) requires a State or local government program or service, such as a public theater, to ensure that its communications with individuals with disabilities are as effective as communications with others. Similarly, title III of the ADA requires a public accommodation, such as a theater that is privately owned and operated, to provide auxiliary aids and services necessary to ensure equal access to the services that it offers. Those auxiliary aids and services must ensure effective communication with persons with disabilities. Both title II and title III require covered entities to ensure effective communication with the participants in their programs or services, unless doing so would cause a fundamental alteration of the program or service or would result in an undue burden. In addition, both title II and title III require covered entities to reasonably modify their policies, practices, or procedures when such modifications are necessary to afford their services to people with disabilities. Such reasonable cc: Records Chrono Wodatch Hill McDowney Conway FOIA N:\UDD\BERGER\CONGRESS\JOHNSTON\secy.johnson

01-04329 -2modifications are required unless they would fundamentally alter the nature of the services offered. Enclosed, please find the Department of Justice regulations implementing title II and title III. I hope this information will be of assistance to you in responding to Mr. XX Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-04330 XX june 24, 1996 Hon. Harry Johnston 1501 Corporate Drive Suite 250 Boynton Beach, Fl. 33426 Dear Congressman Johnston, I am a resident of Broward Country and am visually impaired. I have attempted many times to buy tickets at the Broward County Center for the Performing Arts and at the Parker Playhouse, but am informed each time that no provisions are made for visually handicapped people; all seats are sold on a first come first served basis, with special consideration for season ticket holders. I believe that this is a direct violation of the federal

law Americans with Disabilities Acr, which mandates that special consideration be given to citizens with disabilities. I would appreciate it if you would please advise me what action you can take to remedy this unfair situation. Yours very truly, XX 01-04331