# 60

II-3.6000
III-4.2000                              March 2, 1993





The Honorable Bob Graham
United States Senator
Post Office Box 3050
Tallahassee, Florida  32315

Dear Senator Graham:

     This responds to your inquiry on behalf of your constituent,
XXXXXXXXXXXXXXXXXXXXX, concerning persons with disabilities and
their use of rest area facilities on highways.  Her specific
concern has to do with the Americans with Disabilities Act (ADA)
as it relates to the use of toilet facilities by individuals who
need assistance when their only companion is a person of the
opposite sex.

     The ADA authorizes the Department to provide technical
assistance to individuals and entities that have rights and
responsibilities under the Act.  This letter provides informal
guidance to assist you in responding to your constituent. 
However, this technical assistance does not constitute a
determination by the Department of Justice of specific rights or
responsibilities under the ADA and is not a binding determination
by the Department of Justice.

     Federal law establishes strict architectural accessibility
requirements for new construction and alterations, including
specifications for accessible toilet rooms.  The Americans with
Disabilities Act Accessibility Guidelines for Buildings and
Facilities (ADAAG) is the standard for private buildings that was
issued by the Architectural and Transportation Barriers
Compliance Board (the Access Board) under title III of the ADA
and has been adopted by the Department of Justice as the standard
for places of public accommodation and commercial facilities
covered by the Department of Justice's regulation implementing
title III of the ADA.  The ADAAG is published as Appendix A to
the Department's title III regulation, 28 CFR Part 36.

      Another federal provision, Section 504 of the
Rehabilitation Act of 1973, as amended, requires that newly
constructed or altered buildings and facilities of federal
executive agencies comply with the Uniform Federal Accessibility
Standards (UFAS), and the Department's regulation under title II
of the ADA provides that State and local governments can follow
either ADAAG or UFAS in new construction and alterations.

     However, neither ADAAG nor UFAS requires "unisex" restrooms. 
In issuing ADAAG, the Access Board considered recommendations
that such facilities should be required in newly constructed
buildings for individuals with disabilities who need assistance
from another person.  Although it did not adopt that
recommendation, the Board included specifications for accessible
unisex toilet rooms in the Appendix to ADAAG at A4.22.3, and
suggested that they be provided in certain facilities, in
addition to the accessible stalls required in multi-stall toilet
rooms.

     As explained in the enclosed Technical Assistance Manuals
for titles II (II-3.6000) and III (III-4.2000), however, the
ADA does require that covered entities make reasonable
modifications to policies, practices, and procedures where
necessary to enable individuals with disabilities to participate,
and this requirement would require a covered entity (a State or
local government under title II or a public accommodation under
title III) to permit a person of the opposite sex to assist an
individual with a disability in a toilet room designated for one
sex.  Federal agencies are subject to the same requirement under
section 504.

     I hope this information is helpful to you in responding to
XXXXXXXXXXXXX.

                            Sincerely,




                         James P. Turner
                Acting Assistant Attorney General
                      Civil Rights Division