FEB 15 1996


The Honorable Trent Lott
United States Senate
Suite 487
Russell Senate Office Building
Washington, DC 20510-2403

Dear Senator Lott:

        This letter is in response to your inquiry on behalf of your
constituent, Mrs. Skeeter Maxey. The delay in responding was
caused by the partial government shutdown. We apologize for any
inconvenience this may have caused your constituent.

        The correspondence from Mrs. Maxey enclosed with your letter
to Attorney General Reno says that Mrs. Maxey is interested in
opening a four-screen motion picture theater, but is concerned
about what she believes are unnecessary costs associated with
complying with the Americans with Disabilities Act ("ADA").
Mrs. Maxey's letter does not, however, indicate any specific
provision of the ADA or of the Department of Justice's title III
regulation about which she is concerned.

        The ADA is a carefully balanced law providing equal
opportunity for persons with disabilities while taking into
consideration the legitimate cost concerns of the business
sector. The costs of complying with the ADA are especially
minimal in the area of new construction, where less than 1% of
the costs of construction are attributable to accessibility.

        Please be assured that the title III regulation was
promulgated pursuant to Congress's directive and contains
standards for the design and construction of facilities required
to be accessible by the ADA. See 42 U.S.C. S 12186(b) and (c).
These accessibility standards are consistent with the Americans
with Disabilities Act Accessibility Guidelines ("ADAAG") issued
by the Architectural and Transportation Barriers Compliance Board
("Access Board"). See 42 U.S.C. SS 12186(c); 12204(a) and (b).

cc:     Records, Chrono, Wodatch, Bowen, McDowney, Kuczynski, FOIA
        Udd:Kuccynsk:Bowen:Congress:Lott
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Members of the public were given an opportunity to comment upon
both the regulation and the ADAAG before they were finally
issued. In fact, representatives of the National Association of
Theatre Owners commented extensively on the impact of the
regulation and the ADAAG upon the motion picture theater
industry.

        I hope this information is helpful in responding to your
constituent.

                                Sincerely,

                             Deval L. Patrick
                        Assistant Attorney General
                           Civil Rights Division

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The Honarable Trent Lott
U.S. Congressman
Senate Majority Whip
Washington, D.C. 20510

Dear Senator Lott:

On behalf of myself as a theatre owner and as a consultant
presently working with a man and his wife in the process
of building a theatre in Holly Springs and also another
prospect of a Clinton, Miss. location, I want to ask you
to please consider taking a second look at the actions of
the Department of Justice and their interpretation of the
ADA.

At the present time Bill Nelms and I are working toward
a plan to build a new four-screen theatre here in Senatobia.
As you know, Mississippi Bank is building a new bank in the
old Sandman Motel location. Bill told me this week that we
are almost on ready to proceed. There is enough space next
to the bank to build a four-plex theatre and they (President
of the bank, Bill Nelms) an option to put in a new theatre
complex. We feel Senatobia is ready to expand with the surge
of growth the past few years.

You can see why I am so concerned about the ADA and the
pressures from the Department of Justice. Business owners
oppose the excessive demands, not to mention the litigation.
We spend more time on the hassle than any other phase of
getting our business 'house in order'.

Our industry has supported the legislation, and we have all
provided accommodations that we are proud to serve our handi-
capped.

I do wish some of us could come before your panel and discuss
some of the changes or modifications that we need concerning
ADA.
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We do not have any representatives that I know of
on the Public Advisory Committee, and I do know it
would be quite helpful to both parties to discuss
the ADA requirement implementations that are at
present ignored. There are overly costly changes
that we really don't need. I could save enough
to equip another projection room or more. The re-
designing is costly, and really not needed. No one
knows better than I since my husband is handicapped,
that the handicapped deserve accomodations and a
theatre provides this. I know first hand from being in
this business so many years, that we go the extra mile
to serve our handicapped.

I do so want to proceed with the four screen theatre
and you know how vital a theatre is to our Northwest
Community College students as well as the citizens,
young and old in our community.

I employ mostly young high school and college students.
They have gone on to professions in education, accounting,
law, health fields, and one in particular a director of
Miss Texas pageant. And you knwo Norval Sykes quite well;
now executive producer of Miss Texas. Our industry does
contribute to beyond entertainment.

Trent, so much is being ignored by the Department of Justice
in our best interest. So much time and money is being wasted
that could better serve more elsewhere.

I do hope you will look into this matter, and please let
me hear from you and your thoughts. Anything you can do
to help us, I will appreciate so much. It seems everytime
I have a problem, I always call on you. But, I must add,
you have always come through for me. And I do thank you so
very much.

Kindest personal regards,

SKEETER
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