2-9-94 XX FEB 16 1994 (b)(6) XX XX Newport News, Virginia 23607 Dear XX Your letter to the Attorney General regarding the application and enforcement of the Americans with Disabilities Act (ADA) to restaurants, new buildings, and parks throughout Newport News has been referred to this office for response. The ADA authorizes the Department of Justice to provide technical assistance and information to individuals and entities who have questions about the Act or the Department's ADA Standards for Accessible Design. This letter provides informal guidance to assist you in understanding and complying with the ADA accessibility standards. However, this technical assistance should not be viewed as legal advice or a legal opinion about your rights or responsibilities under the ADA. New buildings such as restaurants or office buildings, built by private entities, must be designed and constructed in compliance with the ADA Standards for Accessible Design. These standards appear as Appendix A in the Department of Justice's Final Rule for Title III of the ADA, a copy of which is enclosed. Places of public accommodation, including restaurants, retail stores, and theaters, in existing buildings must remove barriers insofar as it is readily achievable to do so. The Newport News Building Department enforces State and local building regulations (and Virginia does indeed have accessibility requirements similar to those of the ADA) but cannot enforce the Federal ADA. If you believe that there has been discrimination on the basis of disability because someone has failed to remove barriers or failed to build an accessible building as required in the ADA regulations, you may file a complaint with the Department of Justice or you may file suit in court. Please contact the Public Access Section any time you have questions or need information about the ADA. The Department c: Records, Chrono, Wodatch, Harland, FOIA, Library :\udd\harland\ XX 718 (b)(6) 01-02935 - 2 - maintains a telephone information line to provide technical assistance regarding the rights and obligations of individuals, businesses, agencies, and others covered or protected by the ADA. This technical assistance is available by calling 202-514-0301 (voice) or 202-514-0383 (TDD) between 1:00 p.m. and 5:00 p.m., Monday through Friday. Sincerely, John L. Wodatch Chief Public Access Section Enclosure 01-02936