# 97

III-1.2000                                   August 9, 1993


DJ 202-PL-612




Mr. Marc Fiedler
Koonz, McKenney, Johnson & Regan
2020 K Street, N.W.
Suite 840
Washington, D.C.  20006

Dear Mr. Fiedler:

     This letter is in response to your inquiry of July 12, 1993,
about whether the Americans with Disabilities Act of 1990, 42
U.S.C. 12101 et seq. ("ADA"), applies to places of public
accommodation housed in federally owned buildings or facilities.

     The 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 you in understanding the ADA's requirements. 
However, it does not constitute a legal interpretation or legal
advice, and it is not binding on the Department of Justice.

     You are correct to assume that a privately owned, operated,
or leased place of public accommodation which is housed in a
federally owned facility may be covered by the Architectural
Barriers Act of 1968, 42 U.S.C. 4151 et seq. ("ABA"), and may
have to comply with the Uniform Federal Accessibility Standards. 
However, wholly apart from the question of whether such a place
of public accommodation must comply with the ABA, it is covered
by, and must comply with, the ADA.

     Title III of the ADA prohibits discrimination on the basis
of disability by any person who owns, operates, leases, or leases
to, a place of public accommodation.  42 U.S.C. 12182(a).  See
also 28 C.F.R. 36.201(a).  Thus, even if a private entity does
not own the facility housing a place of public accommodation, if
that private entity operates or leases a place of public
accommodation, it is covered by title III of the ADA.  The fact
that the landlord in a particular case is not covered by the ADA
-- such as the federal government in the case you describe --
does not negate the ADA's coverage of the private entities which
lease or operate places of public accommodation within the
facility.  Thus, there may be cases where a place of public 
accommodation operated by a private entity is covered both by the
ADA and ABA (because it is housed in a federal facility).

     I hope this information is useful to you in understanding
the requirements of the ADA.

                            Sincerely,





                         John L. Wodatch
                              Chief
                      Public Access Section


Enclosure
     Title III regulation