SEP 14 1992

The Honorable Richard G. Lugar
United States Senator
SH 306 Senate Office Building
Washington, D.C. 20510

Dear Senator Lugar:

        This letter is in response to your inquiry on behalf of your
constituent, (b)(6) , concerning the obligation of places of
public accommodation to accommodate persons with disabilities.

        Title III of the Americans with Disabilities Act (ADA) bans
discrimination on the basis of disability by places of public
accommodation. The ADA requires that such entities remove
barriers to access by individuals with disabilities, including
those who use wheelchairs, to the extent that removing the
barriers is readily achievable. In situations where barrier
removal is not readily achievable, an entity must make its goods
and services available through alternative methods, such as the
provision of curb service, if those methods are readily
achievable. With regard to the provision and maintenance of
parking spaces for persons with disabilities, the Department's
regulation specifically includes the creation of designated
accessible parking spaces as an action that a public
accommodation may take to remove architectural barriers.

        These requirements are more fully explained in the
regulations for title III issued by the Department of Justice
(enclosed) at sections 36.304 and 36.305 and in the Department's
Title III Technical Assistance Manual (also enclosed) at pages
28-35 and 37-38. If (b)(6)  believes that he or his wife has
been discriminated against on the basis of disability, he has two
enforcement options under the ADA: (1) He may secure private
legal representation and bring an action in Federal court, or (2)
he may file a complaint with the Department of Justice.

cc: Records, Chrono, Wodatch, Bowen, Russo, McDowney, Library,
    FOIA
    Udd:Russo:Cong.Lugar (b)(6)
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        If(b)(6) chooses to file a complaint with the Department
of Justice, he should send any relevant information to the
Office on the Americans with Disabilities Act, Civil Rights
Division, U.S. Department of Justice, Post Office Box 66738,
Washington, D.C. 20035-9998. All complaints should be in writing
and should set forth, in as complete a manner as possible, the
factual circumstances surrounding the complaint.

        I hope this information is of assistance to you in
responding to your constituent.

                                        Sincerely,

                                        James P. Turner
                                Acting Assistant Attorney General
                                        Civil Rights Division
Enclosures (2)
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