U.S. Department of Justice Civil Rights Division Office of the Assistant Attorney General Washington, D.C.

20035

MAR 30 1998 The Honorable Jennifer B. Dunn Member, U.S. House of Representatives Nine Lake Bellevue Drive Suite 204 Bellevue, Washington 98004 Dear Congresswoman Dunn: I am responding to your letter on behalf of your constituent, Ms. XXX , regarding accessibility at the new post office in Issaquah, Washington. Please excuse our delay in responding. The Americans with Disabilities Act (ADA) does not apply to the U.S. Postal Service. The U.S. Postal Service is covered by the Rehabilitation Act of 1973. Ms. XXX complaint comes under the jurisdiction of the United States Postal Service, which has the responsibility under section 504 of the Rehabilitation Act of 1973, as amended, to ensure that its own programs and activities do not discriminate on the basis of disability. The section 504 regulations contain different requirements for newly constructed, altered, and existing postal facilities. The Postal Service has established jurisdiction over this complaint. In addition, because the Issaquah Post Office was designed, constructed, altered, or leased by the Federal Government after 1968, the Architectural Barriers Act (ABA) applies to this complaint. The Architectural and Transportation Barriers Compliance Board (Access Board) has jurisdiction to enforce the provisions of the ABA. The Access Board also established jurisdiction over this complaint. I understand that both the Postal Service and the Access Board investigated this complaint and pursued it to the extent of their jurisdiction. The Postal Service also took corrective action in response to some portions of the complaint.

(handwritten)FOIA -2The Department of Justice, however, does not serve as a reviewing authority for the decisions of other Federal agencies following their investigations of discrimination complaints. If your constituent is dissatisfied with the determination concerning the merits of her complaint, she may be entitled to file an action in an appropriate United States District Court. Ms. XXX may wish to retain private counsel to assist her in assessing what courses of action may be open to her. If you or your constituent have any questions, you may contact: Mr. Rodger B. Carter Coordinator Architectural Barriers Compliance Program United States Postal Service 4301 Wilson Boulevard, Suite 300 Arlington, Virginia 22203-1861 Telephone: (703) 526-2867 (Voice and TDD); or Ms. Judith A. Haslam Director Office of Compliance and Enforcement Architectural and Transportation Barriers Compliance Board 1331 F Street N.W. Washington, D.C. 20004-1111 Telephone: (202) 272-5435 (Voice) (202) 272-5449 (TDD). I hope this information will assist you in responding to your constituent. Sincerely, Bill Lann Lee Acting Assistant Attorney General Civil Rights Division