T. 2-16-94


DJ  202-PL-727

                                                            MAR 10 1994


Mr. Richard K. Abraham
Law Offices of Arthur L. Drager
Five Light Street, Suite 510
Baltimore, Maryland 21202

Dear Mr. Abraham:

     I am responding to your letter concerning the Americans with
Disabilities Act (ADA). I apologize for the delay in responding.

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

     Your letter asks whether Maryland National Bank's form
contract for rental of safe deposit boxes violates the ADA. The
contract provides that, in the event of incompetency "or other
disability" of a lessee, a legal representative of a lessee may
open the safe deposit box only if all lessees of the box are
present or have consented in writing. According to your letter,
any non-disabled lessee may open the box without the presence of
the other lessees.

     Title III of the ADA imposes obligations on private entities
that operate "places of public accommodation." Banks are places
of public accommodation covered by the ADA. 42 U.S.C.
  12181(7)(F); 28 C.F.R.   36.104. Title III protects persons
with disabilities. The ADA defines disability as "a physical or
mental impairment that substantially limits one or more of the
major life activities of [an] individual." 42 U.S.C.  12102(2);
28 C.F.R.   36.104. A person who has been found legally
incompetent is most likely an individual with a disability within
the meaning of the ADA (unless the incompetency is due solely to
youth). Whether a lessee who has a condition that falls within
the category of "other disability" under the bank's contract is
protected by the ADA would depend on whether the person has a






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physical or mental impairment that substantially limits a major
life activity.

     The ADA requires that the bank provide individuals with
disabilities an equal opportunity to participate in and benefit
from the goods and services it offers. 42 U.S.C.
 12182(b)(1)(A); 28 C.F.R.  36.202.  Clearly, by imposing
requirements on persons with disabilities that are not imposed on
others, the bank is treating persons differently on the basis of
disability. This action (imposing additional eligibility
criteria on persons with disabilities) is not permitted by the
ADA unless the bank can show that it is necessary for the
provision of its services to the persons with disabilities. 42
U.S.C.  12182(b)(2)(A)(i); 28 C.F.R.  36.202.

     I am enclosing copies of the regulation implementing title
III of the ADA and the Department's Title III Technical
Assistance Manual. I hope that this information is helpful to
you and that this letter fully responds to your inquiry.


                                      Sincerely,



                                    John L. Wodatch
                                        Chief
                                Public Access Section


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