MAR 30 1998

The Honorable Rosa L. DeLauro
U.S. House of Representatives
Washington, D.C.  20515-0703

Dear Congresswoman DeLauro:

     I am responding to your letter on behalf of your
constituent, Ms. XXX         , regarding the application of the
Americans with Disabilities Act of 1990 (ADA) to architectural
barriers to access by people with disabilities.

     Title III of the ADA, which prohibits discrimination against
persons with disabilities by public accommodations, requires
owners or operators of a place of public accommodation, such as a
shopping center, department store, bank, hospital, restaurant,
theater, library, etc., to remove architectural barriers to
access.  Title III also requires facilities that are newly
designed, constructed or altered to be readily accessible to and
usable by individuals with disabilities.

     The ADA Standards for Accessible Design (Standards), 28
C.F.R. pt. 36, app. A, set forth the requirements for new
construction and alterations of places of public accommodations.
In removing architectural barriers, a public accommodation is
also required to comply with the ADA Standards to the extent that
it is readily achievable, that is, easily accomplishable and able
to be carried out without much difficulty or expense.  Section
36.304(b) and (c) of the enclosed title III regulations provide
examples and suggest priorities of barrier removal steps.

Cc:  RECORDS; CHRONO; WODATCH; BLIZARD; MCDOWNEY; FOIA
     H;/GCONCEPC/MYFILES/CGRSBLIZARDDELAURO.LTR

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     Ms. XXX        letter contains comment concerning the following
four barrier removal issues:  ramps, doors, accessible routes,
and parking spaces.  With respect to ramps, the ADA Standards
provide that any part of an accessible route with a slope greater
than 1:20 will be considered a ramp and must comply with section
4.8.  Section 4.8 of the ADA Standards specifies a ramp's slope
and rise, clear width, landing, and etc.  For example, section
4.8.2 requires that the least possible slope shall be used for
any ramp.  Section 4.8.2 also requires that the maximum slope of
a ramp in a new construction shall be 1:12, and the maximum rise
for any run shall be 30 inches.  In addition, section 4.8.5
requires handrails if a ramp has a rise greater than 6 inches or
a horizontal projection greater than 72 inches.  Section 4.9.4 of
the ADA Standards further requires handrails at both sides of all
stairs.

     Section 4.13 of the ADA Standards sets forth the
requirements for doors.  The ADA Standards do not require that
automatic doors be provided although other requirements for doors
are addressed, including maneuvering clearances, hardware, and
push/pull force.  Automatic doors may be used where inadequate
maneuvering space prevents a person with mobility impairments
from approaching and opening the door without standing in the
door swing.  If automatic doors are provided they must comply
with the requirements of the ADA Standards in section 4.13.12.

     Section 36.304(c) of the enclosed title III regulations
require a public accommodation to take measures to provide access
to those areas of a place of public accommodation where goods and
services are made available to the public.  Thus, businesses may
be required to rearrange tables, chairs, vending machines,
display racks, and other furniture to provide accessible paths to
the extent that it is readily achievable.  In determining what is
readily achievable, businesses should consider, among other
things, how many movable racks and display units intrude on
accessible paths, and the impact on sales volume of the loss of
selling space created by widening aisles and removing racks and
display units.

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     With respect to parking spaces, section 4.6.2 of the ADA
Standards require that accessible parking spaces serving a
particular building be located on the shortest accessible route
of travel to an accessible entrance.  In some instances, local
fire engine access requirements prohibit parking immediately
adjacent to a building.  In such situations, a marked crossing
may be used as part of the accessible route to the entrance.
Additionally, enforcement of parking regulations is a matter
governed by State or local law.  The ADA does not contain
provisions specifically requiring spaces are occupied only by
persons with disabilities.  Decisions made by local law
enforcement officials as to how to allocate scare enforcement
resources are a matter of local prosecutorial discretion that
typically would not raise ADA concerns.

     I have enclosed a copy of the regulation implementing title
III of the ADA for your reference.  Also enclosed are documents
entitled the Title III Technical Assistance Manual, the Title III
Highlights, How to File a Title III Complaint, and the ADA Guide
for Small Businesses.  I hope this information is helpful to you
in responding to your constituent.

                              Sincerely,

                            Bill Lann Lee
                    Acting Assistant Attorney General
                         Civil Rights Division

Enclosures