U.S. Department of Justice

                                Civil Rights Division

                                     MAY 23 1992


DJ# 181-06-0006                 Coordination and Review Section
                                P.O. Box 66118
                                Washington, D.C. 20035-6118




Mr. William J. Gordon
BHP Petroleum
1401 Eye Street, N.W.
Suite 200
Washington, D.C. 20005

Dear Mr. Gordon:

        This letter is in response to your inquiries with respect to
the obligations of self-service gasoline stations and convenience
stores under the Americans with Disabilities Act (ADA).

        The ADA authorizes the Department to provide technical
assistance to entities that are subject to the Act. This letter
provides informal guidance to assist you in understanding how the
ADA may apply to your business. However, this technical
assistance does not constitute a determination by the Department
of Justice of your rights or responsibilities under the ADA and
does not constitute a binding determination by the Department of
Justice.

        The general provisions applicable to public accommodations,
such as self-service gasoline stations and convenience stores,
are provided in the regulations implementing title III of the
ADA. These regulations were published on July 26, 1991, in the
Federal Register. I have enclosed a copy of the regulations for
your reference.

        The section of the regulation that appears most relevant to
your concerns is S36.305, which governs alternatives to barrier
removal. The general language of S36.305 and the examples used
in the preamble to that section indicate that attendant
assistance could be a readily achievable alternative in many
cases, if more than one attendant is on duty at the facility.
If assistance is provided to an individual with a disability as
an alternative to barrier removal under S36.305, the service
station may not charge extra for the service provided.


01-00807
                  
                           - 2 -

        The preamble to S36.305 recognizes, however, that there may
be security considerations that would legitimately prevent a
cashier from leaving the cash register. The preamble makes clear
that the ADA would not require a cashier who is the only employee
on duty to leave a cash register to assist a motorist with a
disability.

        Service stations and convenience stores are subject to the
requirements of title III without regard to their size. There is
no exemption for small businesses from the ADA's requirements for
public accommodations and commercial facilities.

        We hope you find this information of assistance.

                                        Sincerely,



                                    Stewart B. Oneglia
                                          Chief
                              Coordination and Review Section
                                   Civil Rights Division

Enclosures













01-00808

















                                           Pacific Resources, Inc.
                                           1401 Eye Street, N.W. Suite 200
                                           Washington, D.C. 20005
                                           Telephone (202) 682-0611
                                           Fax (202) 682-0616



                                                BHP
August 19, 1991                                 Petroleum


Office of the A.D.A.
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

Dear Sir/Madam:

Please clarify for me the requirements that will be placed on self-service 
gasoline stations and convenience stores under the Americans with Disabilities 
Act and its regulations. If the requirements vary according to the size of the 
facility, please indicate so. I have heard assorted rumors - ranging from the 
A.D.A. having no effect on the business practices of these establishments, to 
the A.D.A. requiring a service station to provide full service to handicapped 
motorists at self-service prices.

Please respond to me in writing at:

                BHP Petroleum
                1401 Eye St., N.W.
                Suite 200
                Washington, D.C. 20005

or by telephone at (202) 682-0611. Thank you for your assistance.


Sincerely,




William J. Gordon
01-00809