T. 5-14-93


DJ 202-PL-00065

                                                MAY 20 1996



Ms. Susan K. McFadden
Account Executive
The Prouty Company
309 Court Avenue, Suite 510
Des Moines, Iowa 50309

Dear Ms. McFadden:

     I am responding to your letter concerning the implementation
of title III of the Americans with Disabilities Act of 1990
(ADA). I apologize for the delay in responding to your inquiry.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance to assist you in understanding the ADA. However, this
technical assistance does not constitute a determination by the
Department of Justice of your rights or responsibilities under
the ADA, and it is not binding on the Department.

     You have asked if the ADA applies to non-profit
organizations. Title III of the ADA applies to any non-profit
entity whose business operation falls within the categories of
coverage defined under the Act. Title III prohibits
discrimination by private entities that own, operate, lease, or
lease to a private entity whose operations fall within one of the
twelve categories identified in section 36.104 of the Department
of Justice's regulation implementing title III. Entities that
fall within these categories are "places of public accommodation"
that are subject to the nondiscrimination requirements of section
302 of the ADA and the requirements for new construction and
alterations contained in section 303 of the statute.

     Section 303 of the ADA also requires that commercial
facilities, which are nonresidential facilities whose operations
affect commerce, comply with the new construction and alterations
requirements of the Act. In addition, section 309 of the ADA


cc:  Records, Chrono, Wodatch, Bowen, Blizard, FOIA, Library
n:\udd\mercado\plcrtltr\mcfadden.jlb


01-02262






prohibits discrimination by private entities that offer courses
or examinations related to professional or occupational licensing
or certification. If a business entity falls within one of these
categories, its operations are subject to the requirements of the
ADA.

     You have also asked if an organization that holds a
convention or other event at a facility that does not comply with
the ADA may be held liable for failure to comply with the Act.
When a private entity leases a place of public gathering, it
becomes a "public accommodation" that is obliged to comply with
the nondiscrimination requirements of the ADA. The owner/lessor
of the property is also a public accommodation subject to the
Act. In such a situation, both the lessor and the lessee are
responsible for ensuring that the requirements of the ADA are
met. The lessor and lessee may, by contract, allocate the
responsibility for ADA compliance between them, but such a
contract would be binding only between the parties. In the event
of an ADA enforcement action, both parties may be held liable for
compliance.

     For your information, I am enclosing a copy of the
Department's regulation implementing title III, which was
published in the Federal Register on July 26, 1991, and our title
III technical assistance manual. I hope that this information is
helpful to you.



                                     Sincerely,



                                   John L. Wodatch
                                        Chief
                                Public Access Section

Enclosures

01-02263