MAY 5, 1993

The Honorable Tom Harkin
Chairman, Subcommittee on Disability
  Policy
Committee on Labor and Human Resources
United States Senate
531 Hart Senate Office Building
Washington, D.C. 20510-1502

Dear Mr. Chairman:

        This letter is in response to your inquiry regarding the
rights of persons with memory impairments under the Americans
with Disabilities Act.

        Titles II and III of the ADA and the Department of Justice's
regulations implementing those titles define the term disability
quite broadly. For purposes of the ADA, "disability" includes
any mental or physical condition that substantially limits one or
more major life activities, like walking, seeing, hearing,
working, or learning. Thus, if a particular memory impairment
substantially limits a major life activity, then a person with
that impairment would be entitled to the protections of the ADA.

        In regard to your specific inquiry about provision of audio
tapes or written transcripts of proceedings, both titles II and
III of the ADA may require State or local governments and places
of public accommodation to provide such aids in some cases.
Title II of the ADA requires a State or local government to
operate each of its programs, services, and activities so that
its programs, services, and activities, when viewed in their
entirety, are readily accessible to and usable by individuals
with disabilities, unless doing so would either fundamentally
alter the nature of program, service, or activity, or would
constitute an undue financial or administrative burden on the
public entity. In addition, title II requires State and local


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governments to furnish appropriate auxiliary aids and services
when necessary to afford individuals with disabilities equal
opportunities to participate in, and enjoy the benefits of, a
program, service, or activity conducted by a public entity.
Thus, if audio tapes or written transcripts of proceedings were
necessary to allow an individual with a disability to participate
equally in some program, service, or activity conducted by a
state or local government, then the State or local government
would have to provide such aids.

        Similarly, title III of the ADA requires places of public
accommodation to provide auxiliary aids and services when
necessary to insure that no individual with a disability is
excluded, denied services, segregated, or otherwise treated
differently than other individuals. A place of public
accommodation need not provide an auxiliary aid or service if
providing that aid or service would fundamentally alter the
nature of the goods or services provided by that place of public
accommodation, or if providing that aid or service would
constitute an undue burden, in terms of significant difficulty or
expense, on the place of public accommodation.

        For your information, I am enclosing a copy of this
Department's regulations implementing titles II and III of the
ADA and the Technical Assistance Manuals that were developed to
assist individuals and entities subject to the ADA to understand
the requirements of titles II and III. I hope this information
is useful to you in understanding the requirements of the ADA.


                                        Sincerely,


                                        M. Faith Burton
                                        Acting Assistant Attorney General
Enclosures (4)















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                                                        (202) 224-3254
TOM HARKIN                                          TTY (202) 224-4633
  IOWA
                                                         COMMITTEES
                                                         AGRICULTURE
                                                        APPROPRIATIONS
                        UNITED STATES SENATE            SMALL BUSINESS
                     WASHINGTON, DC 20510-1502          LABOR AND HUMAN
                                                           RESOURCES


                                        March 1, 1993

John Wodatch, Chief
Public Access Section
Civil Rights Division
Department of Justice
Tenth and Pennsylvania Avenue N.E.
Washington, D.C. 20530

Dear Mr. Wodatch:

        The purpose of this letter is to clarify the rights of persons
with memory impairments, such as individuals with traumatic brain
injury, under the Americans with Disabilities Act of 1990.

        Specifically, I would like to know whether the provision of
audio tapes and written transcripts of proceedings can be required
under title II and title III if necessary to provide meaningful
access to state and local government and public accommodations for
persons with memory impairments. I would also like to know under
what circumstances cost can be used as a reason for not supplying
such access.

        Your prompt attention to this matter would be greatly
appreciated. Thank you in advance for your assistance.

                                Sincerely,

                                Tom Harkin, Chair
                                Subcommittee on
                                  Disability Policy
TH/lh


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