The Honorable Jim McCrery
Member, U.S. House of Representatives
621 Edwards Street
Shreveport, Louisiana 71101

Dear Congressman McCrery:

        This letter is in response to your inquiry on behalf of your
constituent, (b)(6), concerning the Americans with
Disabilities Act's (ADA) requirements for barrier removal in
retail establishments and the proper method of filing a
complaint.

        The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities with rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA accessibility
standards. However, this technical assistance does not
constitute a legal interpretation of the statute and it is not
binding on the Department.

        Title III of the ADA requires places of public
accommodation, including retail establishments and department
stores, to undertake readily achievable barrier removal to make
the stores accessible to individuals with disabilities including
those who use wheelchairs. These requirements are further
explained in the enclosed Department of Justice title III
regulations at 28 C.F.R.  36.304 and 36.305.

        If Ms.XX(b)(6) believes that KMart's failure to widen the checkout
lanes has resulted in her daughter being discriminated
against on the basis of her disability she has two enforcement
options under the ADA: (1) She may secure private legal
representation and bring an action in Federal court, or (2) she
may file a complaint with the Department of Justice.

        If Ms. XX(b)(6) chooses to file a complaint with the Department
of Justice, she should send any relevant information to the
Office on the Americans with Disabilities Act, Civil Rights
Division, U.S. Department of Justice, Post Office Box 66738,
Washington, D.C. 20035-9998. All complaints should be in writing
and should set forth, in as complete a manner as possible, the
factual circumstances surrounding the complaint.

cc: Records, Chrono, Wodatch, Bowen, Russo, McDowney, Library,
    FOIA
    Udd:Russo:Cong.Mccrery.XX (b)(6)
01-01419
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        I hope this information is of assistance to you in
responding to your constituent.
                                        Sincerely,
                                        John R. Dunne
                                Assistant Attorney General
                                   Civil Rights Division
Enclosure
01-01420