MAR 30 1998 The Honorable Rosa L. DeLauro U.S. House of Representatives Washington, D.C.

20515-0703 Dear Congresswoman DeLauro: I am responding to your letter on behalf of your constituent, Ms. XXX , regarding the application of the Americans with Disabilities Act of 1990 (ADA) to architectural barriers to access by people with disabilities. Title III of the ADA, which prohibits discrimination against persons with disabilities by public accommodations, requires owners or operators of a place of public accommodation, such as a shopping center, department store, bank, hospital, restaurant, theater, library, etc., to remove architectural barriers to access. Title III also requires facilities that are newly designed, constructed or altered to be readily accessible to and usable by individuals with disabilities. The ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, app. A, set forth the requirements for new construction and alterations of places of public accommodations. In removing architectural barriers, a public accommodation is also required to comply with the ADA Standards to the extent that it is readily achievable, that is, easily accomplishable and able to be carried out without much difficulty or expense. Section 36.304(b) and (c) of the enclosed title III regulations provide examples and suggest priorities of barrier removal steps. Cc: RECORDS; CHRONO; WODATCH; BLIZARD; MCDOWNEY; FOIA H;/GCONCEPC/MYFILES/CGRSBLIZARDDELAURO.LTR -2Ms. XXX letter contains comment concerning the following four barrier removal issues: ramps, doors, accessible routes, and parking spaces. With respect to ramps, the ADA Standards provide that any part of an accessible route with a slope greater than 1:20 will be considered a ramp and must comply with section 4.8. Section 4.8 of the ADA Standards specifies a ramp's slope and rise, clear width, landing, and etc. For example, section 4.8.2 requires that the least possible slope shall be used for

any ramp. Section 4.8.2 also requires that the maximum slope of a ramp in a new construction shall be 1:12, and the maximum rise for any run shall be 30 inches. In addition, section 4.8.5 requires handrails if a ramp has a rise greater than 6 inches or a horizontal projection greater than 72 inches. Section 4.9.4 of the ADA Standards further requires handrails at both sides of all stairs. Section 4.13 of the ADA Standards sets forth the requirements for doors. The ADA Standards do not require that automatic doors be provided although other requirements for doors are addressed, including maneuvering clearances, hardware, and push/pull force. Automatic doors may be used where inadequate maneuvering space prevents a person with mobility impairments from approaching and opening the door without standing in the door swing. If automatic doors are provided they must comply with the requirements of the ADA Standards in section 4.13.12. Section 36.304(c) of the enclosed title III regulations require a public accommodation to take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the public. Thus, businesses may be required to rearrange tables, chairs, vending machines, display racks, and other furniture to provide accessible paths to the extent that it is readily achievable. In determining what is readily achievable, businesses should consider, among other things, how many movable racks and display units intrude on accessible paths, and the impact on sales volume of the loss of selling space created by widening aisles and removing racks and display units. -3With respect to parking spaces, section 4.6.2 of the ADA Standards require that accessible parking spaces serving a particular building be located on the shortest accessible route of travel to an accessible entrance. In some instances, local fire engine access requirements prohibit parking immediately adjacent to a building. In such situations, a marked crossing may be used as part of the accessible route to the entrance. Additionally, enforcement of parking regulations is a matter governed by State or local law. The ADA does not contain provisions specifically requiring spaces are occupied only by persons with disabilities. Decisions made by local law enforcement officials as to how to allocate scare enforcement

resources are a matter of local prosecutorial discretion that typically would not raise ADA concerns. I have enclosed a copy of the regulation implementing title III of the ADA for your reference. Also enclosed are documents entitled the Title III Technical Assistance Manual, the Title III Highlights, How to File a Title III Complaint, and the ADA Guide for Small Businesses. I hope this information is helpful to you in responding to your constituent. Sincerely, Bill Lann Lee Acting Assistant Attorney General Civil Rights Division Enclosures