U.S. Department of Justice
                                             Civil Rights Division
T. 5/29/92
JLW:JAM:PLB:HJB:ca:jfh                           III-4-4200 
202-CON 

Office of the Assisant Attorney General         Washington, D.C. 20035

                                                         JUN 3 1992

The Honorable Gary L. Ackerman
U.S. House of Representatives
238 Cannon House Office Building
Washington, D.C. 20515-3223

Dear Congressman Ackerman:

        This letter responds to your correspondence regarding an
inquiry by your constituent, Ira Farbstein, concerning the
obligations of public accommodations with respect to barrier
removal under title III of the Americans with Disabilities Act of
1990.

        Depending on the context, title III of the ADA imposes a
range of compliance standards on private entities regarding
physical barriers in places of public accommodation. When a
public accommodation is engaged in new construction of a
facility, or in an alteration or remodeling of an existing
facility, it must comply with the rigorous requirements of the
ADA Accessibility Guidelines.

        When a public accommodation is engaged in neither new
construction nor alteration of a facility, then a significantly
less demanding accessibility obligation is imposed. The public
facility must remove any physical barriers to individuals with
disabilities where the removal of those barriers is "readily
achievable" -- that is, where the removal can be done easily and
without much difficulty or expense.

        The regulations issued by the Department of Justice discuss
the factors that are to be used in determining whether the
removal of a particular barrier is readily achievable. These
include the nature and cost of the action, the financial
resources available both to the site and the parent organization,
the size and number of employees at the site and overall, and the
relationship of the site to the parent organization. A copy of
these regulations is enclosed.

cc: Records OADA Wodatch Bowen Breen Beard McDowney Arthur
udd:Beard.C.302B2AIV.Ackerman




                          - 2 -

        The removal of physical barriers in an existing restaurant
should be evaluated under the "readily achievable" standard.
Where removal of all barriers is not readily achievable, a public
accommodation must still take whatever steps it can under that
standard to remove barriers. In addition, the obligation to
remove any existing barriers is an ongoing one. What is not
readily achievable today may be readily achievable next year.

        I hope that you find this information useful in responding
to your constituent.

                                        Sincerely,


                                      John R. Dunne
                                Assistant Attorney General
                                  Civil Rights Division

Enclosure

01-00852
































                                The garden of eating

                        AN EATING AND DRINKING ESTABLISHMENT

212-02 Union Turnpike * Flushing, N.Y. 11364 * (212) 468-8463

                                         January 15, 1992
(Hand Written)

DEAR SIR,

        I AM WRITING YOU IN REGARD TO THE AMERICANS
WITH DISABILITIES ACT (ADA) PUBLIC LAW 101-336, AND HOW THIS LAW
WILL AFFECT ME.

        I HAVE A SMALL FORTY (40) SEAT RESTAURANT AT ABOVE
ADDRESS. MY RESTAURANT HAS ALWAYS BEEN ACCESSIBLE TO THE HANDICAPPED: IE
THE BLIND, DOWNS SYNDROME PERSONS, WHEELCHAIR ACCESSIBLE, ETC.

        UNFORTUNATELY THE PHYSICAL SETUP OF THE STORE MAKES THE
RESTROOMS UNACCESSIBLE TO THE WHEELCHAIR.

        IN ORDER TO MAKE THE RESTROOMS WHEELCHAIR ACCESSIBLE I MUST ILLEGIBLE
DOWN EXISTING WALL WHICH WILL CAUSE ME TO LOSE EIGHT SEATS. (20% OF ILLEGIBLE
SEATING CAPACITY.

        ALSO MY PRESENT RESTROOMS WHICH ARE SEPARATED BY A ILLEGIBLE
WOULD HAVE TO BE TORN DOWN. ALSO, PART OF MY KITCHEN WALL WOULD HAVE TO BE
TORN DOWN AND MOVED BACK. THIS WOULD FORCE ME TO DISCONNECT MY DISHWASHER-
MACHINE, MOVE MACHINE AND ILLEGIBLE WITH NEW PLUMBING.

        ALL THIS WOULD HAVE TO BE DONE IN ORDER TO MAKE A RESTROOM
THAT WILL COMPLY WITH ADA ORDER.

        THE COST TO DO THIS WOULD PUT ME IN A SEVERE FINANCIAL
BIND AND CREATE MUCH HARDSHIP.

        IT SEEMS RIDICULOUS THAT I MUST INVEST ALL THIS MONEY, PLUS LOSS
OF BUSINESS AS THE RESTAURANT WOULD HAVE TO BE CLOSED DURING ALTERATIONS.

        ITS ALSO UNHEARD OF FOR A BUSINESS OF ANY KIND TO MAKE AN
INVESTMENT TO DO LESS BUSINESS. PLEASE ADVISE ME AS TO MY RIGHTS

                                                SINCERELY YOURS


                                                 IRV FARESTEIN

P.S. WHEN YOU'RE BACK HOME FROM
     YOUR DUTIES IN THE CAPITOL I WOULD
     MORE THAN WELCOME A VISIT TO MY
     ILLEGIBLE

01-00853