MAY 10 1993 The Honorable Richard G. Lugar United States Senate 306 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Lugar: This letter is in response to your inquiry on behalf of your constituent, XXXXXX concerning the possibility of providing both ramps and stairs at the entrances to places of public accommodation. The Americans with Disabilities Act of 1990 ("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 your constituent in understanding the ADA's requirements. However, it does not constitute a legal interpretation, and it is not binding on the Department. While current law does not require stairs at any entrance, XXXXXX should be pleased to know that the ADA's Standards for Accessible Design do include certain requirements regarding stairways. In promulgating a regulation to implement title III of the ADA, the Department of Justice included a set of architec- tural standards -- the Standards for Accessible Design -- with which all places of public accommodation must comply whenever they alter an existing facility or build a new facility. These Standards set precise limits for stair treads, risers, and nosings, and require continuous handrails at specified heights. Thus, whenever there are stairs in an altered or newly constructed facility, they will be as accessible to persons with disabilities as possible. cc: Records; Chrono; Wodatch; Bowen; Contois; FOIA. \udd\contois\cgl\lugar -2- The Architectural and Transportation Barriers Compliance Board, also known as the Access Board, is the organization that is initially responsible for drafting and amending the ADA Accessibility Guidelines, which are the guidelines on which title III's Standards for Accessible Design are based. We have taken the liberty of forwarding XXXXX letter to the Access Board, so that the Board may consider her comments and the possibility of proposing that the ADA Accessibility Guidelines be altered or amended. I have enclosed for your information a copy of the Department of Justice's title III implementing regulation, which contains the Standards for Accessible Design as Appendix A, and a copy of the Department's Technical Assistance manual for title III, which contains a section discussing the requirements of the ADA Accessibility Guidelines. I hope this information is useful to you in responding to your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures Mr. Lawrence W. Roffee Executive Director Access Board 1331 F Street, N.W. Suite 1000 Washington, D.C. 20004-1111 Dear Mr. Roffee: Senator Richard Lugar forwarded to this office a letter from his constituent, XXXXX regarding the provision of both ramps and stairs at entrances to places of public accommodation. While we have responded to Senator Lugar, we are taking the liberty of forwarding XXXXXXX letter to you, so that you may consider her comments. Enclosed you will find copies of both XXXXXX letter and our response to Senator Lugar. Thank you for your attention to this matter. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures cc: Records; Chrono; Wodatch; McDowney; Bowen; Contois; FOIA. \udd\contois\cgl\accessbd.ltr XXXXXXX Logansport, Indiana 46947 February 5, 1993 The Honorable Richard Lugar United States Senate Washington D.C. 20510 Dear Mr. Lugar, I am writing to you about the issue of accommodating public buildings for the handicapped. I think that it is good that buildings were remodeled for those in wheelchairs. Last year, when buildings were remodeled, ramps were out in so that they were accessible to those people who are in wheelchairs. But, there are also those who are handicapped but are not in wheelchairs to think about. In 1989, my grandmother had hip replacement surgery. Unfortunately, there were complications so she now uses a walker to get around. Occasionally, she will use a wheelchair, so then she is able to use the ramps. However, when she uses her walker, which is most of the time, the ramps are difficult for her to use. Ramps are very hard for her to walk up with her walker. She cannot walk up them alone, but she can walk up stairs by herself. A possibility to consider would be to have two doors into these buildings, such as restaurants, with a ramp at one door, and a set of steps at the other door. Thank you for taking the time to read my letter. I hope you will consider my ideas and discuss them with your fellow representatives. Sincerely XXXXXXXX