# 144


III-3.3000
III-3.5000                                   May 23, 1994








The Honorable Peter A. DeFazio
Member, U.S. House of Representatives
211 East Seventh Avenue
Eugene, Oregon  97401

Dear Congressman DeFazio:

     This letter is in response to your inquiry on behalf of your
constituent, XXXXXXXXXXXXX, which you sent to the United States
Commission on Civil Rights and was by that agency forwarded to
the Department of Justice.  According to XXXXXXXXX, he has
attempted to establish a vocational program for persons with
developmental disabilities in downtown Coos Bay, Oregon, but has
met with opposition from at least one member of the city's
Downtown Association, who allegedly has encouraged building
owners not to rent space to XXXXXXXXX because persons with
developmental disabilities do not belong in the downtown area. 
XXXXXXXXX inquires whether he has any recourse in this situation.

     A vocational rehabilitation program, such as a social
service center establishment, would likely be considered a place
of public accommodation within the meaning of title III of the
Americans with Disabilities Act (ADA) and the title III
regulation, 42 U.S.C.  12181(7); 28 C.F.R.  36.104.  Private
entities that lease to places of public accommodation are also
considered public accommodations under title III.  42 U.S.C.
 12182(a); 28 C.F.R.  36.104.  Under title III, public
accommodations are prohibited from discriminating on the basis of
disability in the full and equal enjoyment of the goods,
services, facilities, privileges, advantages, or accommodations
of any place of public accommodation.  42 U.S.C.  12182(a); 28
C.F.R.  36.201(a).  It is also a violation of title III for a
public accommodation to discriminate against any individual or 
entity based upon that individual's or entity's known relation-
ship with a person who has a disability.  42 U.S.C.  12182(b)
(2)(E); 28 C.F.R.  36.205.  Thus, the ADA does not permit a
commercial landlord to refuse to lease space for the operation of
a place of public accommodation because of the disabilities of
the anticipated clientele of the place of public accommodation.

     While it does not appear that the Downtown Association, as a
group, operates a place of public accommodation, interference
with an individual's attempt to exercise or enjoy any rights
under the Act is also prohibited, see 42 U.S.C.  12203; 28
C.F.R.  36.206, even if the person responsible for the
interference does not operate a place of public accommodation. 
Thus, XXXXXXXXX and persons with developmental disabilities who
might use the vocational program may be able to seek redress
under this portion of the ADA.

     XXXXXXXXX may seek enforcement of his rights under the ADA
by filing a suit in Federal court.  He may also file a complaint
with the Department of Justice by writing to the address below
outlining in detail the facts giving rise to the alleged
discrimination and, to the extent he knows them, providing the
names and addresses of individuals and entities responsible for
the discrimination.  

               Public Access Section
               Civil Rights Division
               U.S. Department of Justice
               P.O. Box 66738
               Washington, D.C.  20035-6738

The Department is authorized to investigate complaints of
discrimination and to file suits where there is a pattern or
practice of discrimination or discrimination that involves an
issue of general public importance.  XXXXXXXXX should be advised,
however, that the Department is not able to investigate every
complaint that it receives but, in the event he does file a
complaint with us, he will be notified as soon as possible
concerning the action the Department intends to take on his
complaint.

     I have also enclosed a list of organizations in Oregon that
may be of some assistance to XXXXXXXXX in pursuing his claim, as
well as copies of the Department of Justice title III
implementing regulation and the ADA Title III Technical
Assistance Manual.

     I hope this information will be helpful to you in responding
to your constituent. 

                                      Sincerely,



                                   Deval L. Patrick
                              Assistant Attorney General
                                 Civil Rights Division

Enclosures