# 154


III-3.1000
III-4.1100                              October 26, 1994





The Honorable David E. Bonior
U.S. House of Representatives
2207 Rayburn House Office Building
Washington, D.C.  20515-2210

Dear Congressman Bonior:

     This letter is in response to your inquiry on behalf of your
constituent, XXXXXXXXXXXXX.  XXXXXXXXXXX is an individual with a
disability who asserts that individuals with disabilities should
have the right to receive discounts from places of public
accommodation, e.g., stores, restaurants, and movie theaters,
that are comparable to the discounts frequently offered to senior
citizens. 

     The Americans with Disabilities Act (ADA) is a comprehensive
civil rights statute that prohibits discrimination on the basis
of disability.  Title III of the ADA requires a place of public
accommodation to ensure that no individual with a disability is
denied an equal opportunity to participate in its activities or
to benefit from the goods, services, or advantages that it offers
because of that individual's disability.  However, nothing in the
ADA precludes providing special benefits, similar to senior
citizen discounts, for individuals with disabilities or groups of
individuals with disabilities.

     In the case of a senior citizen discount, eligibility is
triggered by the age of the participant.  As long as the discount
is offered equally to senior citizens who have disabilities and
those who do not, such discount programs do not violate the ADA.

     I hope that this information is helpful to you in responding
to XXXXXXXXXXX.
 
                                   Sincerely,




                                Deval L. Patrick
                           Assistant Attorney General
                             Civil Rights Division