NOV 4 1992


The Honorable Robert E. Andrews
Member, U. S. House of Representatives
63 N. Broad Street
Woodbury, New Jersey 08096-4602

Dear Congressman Andrews: 

        This letter is in response to your inquiry on behalf of (b)(6)
XXX   concerning inaccessibility of convenience stores.

        The Americans with Disabilities Act (ADA) authorizes the
Department of Justice to provide technical assistance to
individuals with rights or responsibilities under the ADA. This
letter provides informal guidance to assist (b)(6) in
understanding the ADA requirements. However, this technical
assistance does not constitute a legal interpretation, and it is
not binding on the Department of Justice.

        The ADA requires that physical barriers to entering and
using existing places of public accommodation (which include
convenience stores) be removed when removal is "readily
achievable." This provision is applied on a case by case basis,
and may or may not require that specific actions be taken in an
individual case.

        Enclosed are copies of the Department's Title III
regulation, regulation highlights and technical assistance
manual, which include detailed discussion about the requirements
for accessibility under the ADA. If, after reviewing this 
information, (b)(6) believes there are facilities operating 
in violation of the ADA, he can proceed as explained in the 
section on enforcement in the manual, beginning on page 64.

cc: Records; Chrono; Wodatch; Breen; McDowney; FOIA; MAF.
    :udd:jonessandra:ada.andrewsl
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                                     - 2 -
     (b)(6)  letter includes a question concerning Social
Security Disability Insurance, which should be directed to the
Social Security Administration, Department of Health and Human
Services, 6401 Security Boulevard, Baltimore, Maryland 21235.

        I hope this information assists you in responding to your
constituent.

                                        Sincerely,

                                      John R. Dunne
                                Assistant Attorney General
                                  Civil Rights Division

Enclosures (3)
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                                                September 30, 1992
                            (b)(6)



Robert E. Andrews
63 North Broad Street
Woodbury, NJ 08096-4602

Dear Congressman Andrews,

I am writing you today for two very specific reasons. First, I
am confined to a wheelchair; due to a Developmental Disability.
I am very perplexed with a problem in my community and the sur-
rounding area. No "Convenience Store"; such as, Wa Wa Food
Market, Cumberland Farms, and 7-11 are accessible. When I speak
of accessibility in this case, I do not mean as defined by the
Americans with Disabilities Act (ADA), I cannot even enter the
front door at most stores. This does not make them very "conven-
ient" for me, just frustrating. I am mainly referring to the
stores in my vicinity, but most of these stores (on a much larger
scale) has many factors which make them inaccessible to someone
confined to a wheelchair. Factors such as: (1) no "handicapped
parking", (2) no "curb cuts", (3) doors are not wide enough, (3)
and all of the counters are to high. The real joke about the
whole situation is that some of these stores display a blue
stickers with a stick figure of a person confined to a wheel-
chair, saying "Ask for assistance". I would, if I could get into
the store. Usually when I have a problem of this nature, I
attempt to find the name(s) and address(s) of the people respon-
sible, but I do not know where to begin in this case. Would you
help me - please?

Secondly, I collect Social Security Disability Insurance
(S.S.D.I.) and S.S.I. which entitles me to Medicare Insurance
Benefits through the S.S.D.I. and Medicaid Insurance Benefits
through the S.S.I. My question is - Would I lose my Medicaid
Insurance Benefits if I were to get a part-time job?

Finally, again I just want to thank you, your assistant, Ms.
Kathy Hogan, and your entire staff for all of your/their help.
You and they have been nothing but a pleasure to work with
throughout the past few months. It seems everywhere I turn or
any paper I read you are their (all good things!). When I saw
you in the Courier-Post for spending a few days assisting in the
clean-up of Hurricane Andrew I felt chills up my spine. I
believe your biggest reason for being down there was just because
you care. Being a twenty-two year old young adult, anti-govern-
ment is a big sentiment with people my age, but I believe if
those young adults could meet and work with you, they would
definitely change their mind.
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If you have any questions, please do not hesitate to call or
write. Thank you!

                                                Sincerely,
                                                 (b)(6)

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