APR 29 1996 The Honorable Jerry F. Costello Member, U.S. House of Representatives 327 W Main Street Belleville, Illinois 62220 Dear Congressman Costello: This letter is in response to your inquiry on behalf of your constituent, Ron Boyer, concerning the requirements of the Americans with Disabilities Act (ADA). We apologize for the delay in our response. The Department of Justice's regulation under title III of the ADA covers places of public accommodation, such as a place of public gathering. The ADA places a relatively modest burden on existing facilities, requiring that they remove barriers to access where it is readily achievable or "easily accomplishable and able to be carried out without much difficulty or expense." The regulation offers examples of barrier removal including installing ramps, making curb cuts in sidewalks, installing grab bars in toilet stalls, and making other modifications that increase the accessibility of a facility. For further information on the removal of barriers and the order of priorities, please see section S 36.304 of the enclosed title III regulation. Only when a place of public accommodation or commercial facility performs alterations or undertakes new construction does the Federal law require strict adherence to specific standards that are intended to provide physical access for persons with disabilities. Please see sections S 36.401 and S 36.402 of the regulation. There may be State or local laws that are also applicable to Mr. Boyer's situation. He should consult with local building code officials to determine what is required. Mr. Boyer inquired into the availability of funds to make accessibility improvements. The Department of Justice does not provide financial assistance for compliance with the ADA. cc: Records Chrono Wodatch Hill Berger McDowney FOIA N:\UDD\BERGER\CONGRESS\CONGRESS.COS\secy.johnson 01-04227 - 2 - Community Development Block Grant (CDBG) funds, awarded to individual communities by the Department of Housing and Urban Development, can be used for the removal of architectural barriers. Also, the Internal Revenue Service has established tax credits and deductions that may assist small businesses in complying with the ADA (see the enclosed information on tax credits and deductions). The Internal Revenue Service can be reached at 800-829-1040. I hope this information is helpful to you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-04228 JERRY F. COSTELLO COMMITTEES: 12TH DISTRICT, ILLINOIS BUDGET TRANSPORTATION & INFRASTRUCTURE PLEASE RESPOND TO THE SCIENCE OFFICE CHECKED BELOW: CONGRESS OF THE UNITED STATES (ON LEAVE) House of Representatives Washington, DC 20515-1312 March 7, 1996 Mr. Andrew Foist Assistant Attorney General for Legislative Affairs U.S. Department of Justice 10th and Constitution Washington, D.C. 20530-0001 Dear Andrew: I am writing to inquire about possible federal assistance for a local VFW in my Congressional district. As you can note from the enclosed letter, Commander Boyer must comply with the American with Disabilities Act and has requested my help in locating financial assistance. I would appreciate any information you could provide me in fulfilling Commander Boyer's request. Please direct your communication to my Belleville District Office to the attention of my district office manager Anne Risavy. I appreciate you attention to this matter. Sincerely, Jerry F. Costello Member of Congress JFC/amr Enclosure VFW VETERANS OF FOREIGN WARS OF THE U.S. FAIRVIEW MEMORIAL POST NO. 8677 5325 North Illinois February 3, 1996 Fairview Heights, Illinois 62208 Congressman Costello 327 West Main Street Belleville, Illinois 62220 Dear Congressman Costello, This letter is to request your assistance on behalf of Fairview Memorial Post 8677, Veterans of Foreign Wars of the United States located in Fairview Heights, Illinois. As you may know, our Post Home located on North Illinois Street (Highway 159) is a very old structure dating back to the days when it was a cow barn used in the dairy industry. Over the years it has served the VFW Post and Ladies Auxiliary membership very well. Our Post Home is open to the public for various functions, and it has now come the time that we must comply with the mandatory Handicap Accessibility Law by providing bathroom facilities for the handicapped men and women of our community. The cost of construction for the new facilities is approximately $93,000.00, which includes upgraded electrical power distribution required by the city of Fairview Heights, prior to issuing an occupancy permit after construction is completed. Since compliance with the Handicap Accessibility Law is mandatory, and since we are a charitable and non-profit organization, we are asking your assistance in securing any financial help that may be available in the form of a grant or subsidy at the National, State or Local level of Government. Over the years our membership has managed to allocate some funds to our 'building fund'; however, there is not nearly enough monies available to fund this project. We are forced to obtain a loan from a private banking institution, and will be required to surrender our Post Home and land as collateral for a loan. Our ability to make loan payments on a loan to finance this project is questionable. Our Post Home has a long history of providing relief and assistance to members of our community. VETERANS OF FOREIGN WARS OF THE UNITED STATES 01-04230 We also allow our Post Home to be used free-of-charge by the following organizations: * Red Cross blood drives * Local, State and National election polling place for Township voters * Mayor of Fairview Heights to hold Public meetings and 'rap' sessions * Boy Scouts of America * Various Community events and functions We are very proud that we may have the opportunity to install handicap facilities for our handicapped citizenry, but as you can see we would welcome any much-needed assistance that may be provided to us. We are thanking you in advance for any assistance you may provide us, and hope to hear from you at your earliest convenience. Sincerely, Ron Boyer Commander 2 01-04231