BENTON, LA 71006 July 1, 1992 Hon. Jim McCrery United States Representative 621 Edwards Street Shreveport, LA 71101 In re: (b)(6) Dear Mr. McCrery: I would like to call your attention to a situation that I am very concerned about in connection with the Americans with Disabilities Act. My daughter, XX is a disabled American, having been injured in October of 1991 and is now paralyzed and in a wheelchair. I have tried to become familiar with that Act and as I understand Title III as it covers existing "places of public accomodation", the alterations to a facility after January 26, 1992 shall be made so as to ensure that to the maximum extent feasible the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. I have also read about the penalties for noncompliance. It is my understanding that civil actions may be brought by individuals who have been subjected to discrimination or who have reasonable grounds for believing that he/she is "about to be subjected to" discrimination. It is my understanding that the courts may grant injunctive relief, award monetary damages as well as assess civil penalties to the person aggrieved. My daughter's situation involves the KMart store located at 3045 East Texas in Bossier City, Louisiana. I have shopped at Kmart for many years. Since XX accident, I have tried, even when I am alone, to only go to and buy from stores whose facilities are easily accessible for handicapped/disabled people. Recently, (b)(6) and I went shopping at Kmart and when we were ready to go to pay for the merchandise, the space between the "check-out stands" was not wide enough for her wheelchair to go through. She had to hand me her merchandise and money to pay for her and she had to back out of the line and go to the front of the store to wait for me to pay. I have visited Kmart on two occasions since that time, the last time being approximately one week ago. 01-01421 Hon. Jim McCrery Page Two July 1, 1992 On the first occasion, I only complained to the person checking me out. On the last occasion, I asked the manager if he knew he was in violation of the law. He said yes. I asked him why no provisions had been made for a person who comes into the store to shop, but cannot pay for his/her purchases. He said he knew it should have been done, but he had no real explanation as to why it had not been done. I further asked him if he thought my daughter was the only person in Caddo/Bossier Parish in a wheelchair. He acknowledged that was doubtful. I have read several articles lately commending the national Kmart and other corporations for utilizing disabled people in the "mainstream" of their advertising. This was presented as a very positive step for disabled people. I therefore find it baffling that this local Kmart does not even have provisions for a disabled person to pay for their purchases, especially when they are knowingly in violation of Title III of the ADA. I am asking for your assistance in providing me with the person or agency to contact to file a complaint against Kmart. I certainly appreciate your assistance in this matter. Since my daughter is of the opinion that her disabilities should not stop her from going to college next year, living alone, driving a car, participating in a beauty pageant, and generally doing whatever she wants to do, it is especially distressing to me that simple steps cannot be taken by a major corporation to accomodate her and others who have to use wheelchairs. I will look forward to hearing from you or your representative regarding this request. Thank you for your assistance in this matter. Yours very truly, XX /frc cc: Manager - KMart, Bossier City Mr. William H. Ledbetter, Jr. Ms. Jan Elkins - KTBS TV Kmart - Troy, Michigan 01-01422