DJ 202-PL-728


Ms. Doris Phillips,
Executive Director
Living Independence for Everyone, Inc.
17-19 East Travis Street
Savannah, GA 31406

Dear Ms. Phillips:

     This letter is in response to your inquiry into whether
rental car companies must provide lift-equipped vans under title
III of the Americans with Disabilities Act of 1990, 42 U.S.C.
§§ 12181-89, and the Department of Justice's implementing
regulation, 28 C.F.R. pt. 36 (enclosed). We apologize for our
delay in responding.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation or legal
advice and it is not binding on the Department of Justice.

     Title III requires public accommodations to remove
transportation barriers to access in existing vehicles where it
is readily achievable to do so. 42 U.S.C. § 12182(b)(2)(A)(iv);
see also 28 C.F.R. § 36.304. Congress specifically stated in the
ADA, however, that companies are not required to retrofit
vehicles by installing hydraulic or other lifts. Id. Moreover,
companies who are in the business of renting vehicles are not
required to purchase or lease lift-equipped vehicles.

     It is our understanding that some of the nationwide rental
companies have entered into cooperative agreements with companies
who specialize in renting lift-equipped vans, making these
services more generally available than they once were.

cc:  Records; Chrono; Wodatch; Breen; Mobley; MAF; FOIA
     udd\mobley\pletters\phillips

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                                   - 2 -
     I have enclosed the Department's Title III Technical
Assistance Manual which was written to guide individuals and
entities having rights and obligations under the Act toward a
fuller understanding of the law. Pertinent discussion is found
at section III-4.4000 (removal of barriers), et seq.

     If you need further assistance, you may call our toll-free
information line at (800) 514-0301, 1:00 p.m. to 5:00 p.m., EST,
Monday through Friday.
                              Sincerely,


                           John L. Wodatch
                                Chief
                         Public Access Section
Enclosures (2):
     Title III Regulation
     Title III Technical Assistance Manual

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