III-4.4200


                                         MAY 12 1992


Ms. (b)(6)
Tenton Falls, New Jersey 07724

Dear Ms. XX

        This letter responds to your correspondence requesting
information about the provisions of the Americans with
Disabilities Act (ADA). The ADA authorizes the Department of
Justice to provide technical assistance to individuals or
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 and it is not binding on the Department.

        You state that you use a wheelchair and cannot go down the
aisles at a book store because there are temporary displays set
up in the aisles. Book stores are subject to the provisions of
title III of the ADA which requires the removal of barriers, such
as shelving that impedes access by wheelchair users, if removal
is "readily achievable." The ADA defines "readily achievable" to
mean easily done and without much difficulty or expense. In many
circumstances, it will not be difficult or expensive to make
aisles wide enough for access by persons using wheelchairs. The
ADA regulations indicate, however, that removing or reconfiguring
shelves would not be considered readily achievable if it would
result in a "significant loss of selling or serving space."

        If barrier removal is not readily achievable, then a store
must take other readily achievable measures to make its goods and
services available to persons with disabilities. Retrieving
books for a customer may be an appropriate way to do this but
only if barrier removal is not readily achievable. The factors
considered in determining whether the removal of a particular
barrier is readily achievable are: the nature and cost of the
action; the financial resources available both to the store and
any parent organization; the size of the business and number of
employees, and the relationship of the businesses to the parent
organization.

cc: Records Chrono Wodatch Magagna Beard.ta.302baiv. xx(b)(6)
    arthur T. 5/8/92




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                              - 2 -

        You also inquired what steps you could take to resolve your
problem with the book store. Individuals may file law suits
under the ADA to secure their rights and you may wish to consult
an attorney to explore this option. This Department investigates
complaints of discrimination and can take enforcement action
where there is a pattern or practice of discrimination or a
denial of rights raising an issue of general public importance.
A Title III Complaint Information Sheet is enclosed.

        I hope that this information is useful to you in
understanding your rights under the ADA.




                                Sincerely,
                              Joan A. Magagna
                              Deputy Director
                Office on the Americans with Disabilities Act




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(Handwritten)

                                        (b)(6)

                                        Tinton Falls NJ 07724

                                        March 3, 1992


Dear Sirs

        I have been in a wheelchair
for 13 years and with the
passing of the ADA I am
beginning to have the freedom
to browse and shop I had
before my disability.

        However I seem to be
having quite a problem
with Encore Books, Shrewsbury
Plaza, Shrewsbury, NJ 07701.

        The store has many
temporary displays set up
in its aisles which prohibit
me from going into the
aisles to look for books.

        I spoke to the manager



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                    -2-


about this problem and
he said the legal department
had advised him that having
some one get books for
me satisfied the ADA regulations.

        In reading the ADA
information from the Justice
Department I believe he
is wrong.

        These are temporary racks
and displays, not walls or
permanent fixtures. In fact
I am able to push & lift
most of them, when
needed (But it really would be messy).

        The statement that
they will get books for
me tells me they don't
really want me there.

        How can I tell them




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         - 3 -


to get the books, when
I don't know what's there.
Am I not to browse as
other shoppers do? Cannot
I make my own selections?

        What must I do to get
this store to clear its aisles?
How do I get help and from
whom?

        I remain respectfully yours,





                         (b)(6)










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