JUN 4, 1998 The Honorable John W. Olver Member, U.S. House of Representatives 463 Main Street Fitchburg, Massachusetts 01420 Dear Congressman Olver: This is in response to your inquiry on behalf of your constituent, XX , of Fitchburg, Massachusetts. We apologize for the delay in our response. Ms. XX asks if the Americans with Disabilities Act of 1990 (ADA) requires the United States Taekwondo Union, Inc. (USTU) to have appropriate First Aid supplies available during classes and to have their instructors certified in First Aid and CPR. Taekwondo schools may be covered by title III of the ADA, which prohibits discrimination on the basis of disability by private entities that own, operate, or lease places of public accommodation. Places of education, entertainment, gathering, recreation, and exercise are places of public accommodation. An association or union, such as USTU, would only be subject to title III to the extent it owns, operates, leases, or leases to a place of public accommodation. Therefore, when the USTU contracts to use such a facility, it may be subject to title III with respect to the operation of that facility. An entity covered by title III must make reasonable modifications to its current policies, practices, and procedures in order to ensure that those policies do not exclude individuals with disabilities from participation in the programs that they offer. Covered entities are not required to make modifications in their programs that would fundamentally alter the nature of the program or services provided, nor are they required to expand the scope of their program to provide programs or services that they have not previously offered. cc: Records Chrono Wodatch Hill McDowney Berger FOIA N:\UDD\BERGER\CONGRESS\OLVER.REV\secy.johnson 01-04272 - 2 - One cannot assume, however, that people with disabilities are in greater need of First Aid than others. Therefore, First Aid preparation is not an ADA issue, but, rather, one of good safety practice. Similarly, the negligence issues raised by Ms. XX are governed by State law and not by the ADA. Enclosed, please find a copy of the Department of Justice regulations implementing title III. I hope this information will be of assistance when responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosure 01-04273 Congress of the United States House of Representatives Washington DC 20515-2101 April 8, 1996 William P. Barr Attorney General of the United States Department of Justice 10th St. and Constitution Ave., NW Congressional Liaison Washington, DC 20530 Dear Attorney General Barr, I am writing to you on behalf of my constituent, XX , of Fitchburg, Massachusetts. I have enclosed a letter that I received from Mrs. XX regarding her concerns about the United States Taekwondo Union, Inc. (USTU). Mrs. XX asks if the ADA, with regard to reasonable accommodations, could require that USTU instructors be certified in the areas of First Aid and CPR. I would appreciate your assistance in addressing Mrs. XX concerns regarding this matter. If you have any questions, please feel free to contact my aide, Peggy Bird, in my Fitchburg district office. Thank you for your time and attention to my request. Sincerely, John W. Olver Member of Congress JWO:PB 01-04274 (HANDWRITTEN) Please let me know if this is within the Amer- icans with Dis- abilities Act. (Reasonable accomodations) XX XX Fitchburg, MA XX XX Some USTU schools/ clubs are located at public education institution 01-04275 (HANDWRITTEN) The United States Tae- kwondo Union is under the United States Olympic Committee. Both are loc- ated at Colorado Springs, CO. The USTU address is: U.S. Taekwondo Union 1750 E. Boulder St, Ste 405 Colorado Springs, CO 80909 Grandmaster Hwa Chong is the president. The USTU has many regis- tered schools/clubs all over the United States. The USTU has thousands of registered members from their registered schools/ clubs. Members live in all 50 states. Members train in all 50 states. 01-04276 (HANDWRITTEN) XX XX Fitchburg, MA XX 01-04277 (HANDWRITTEN) schools/clubs to have a suitable first aid kit, comprehensive first aid manual, box of disposable gloves, and face masks or shields to use in the event of a Taekwondo student's bodily injury during a regularly scheduled, supervised, sanctioned practice? Could it be considered a reasonable accomodation under the Americans with Disabilities Act for all USTU Taekwondo instructors supervising the regularly scheduled, supervised sanctioned Taekwondo practice to be certified in first aid and CPR? Could it be considered gross negligence for a USTU registered Taekwondo instructor who is not certified in first aid and CPR to give improper first aid or no first aid to an injured USTU registered member or non-member at a regularly scheduled, supervised, sanctioned practice resulting in the aggrivation of the injury? I have given a copy of the questions and ILLEGIBLE 01-04278