U.S. Department of Justice
                                        Civil Rights Division

DJ 181-06-00012                        
                                        Coordination and Review Section
                                        P.O. Box 66118
                                        Washington, D.C. 20035-6118
Mr. Marty Keene, President
Able Handicapped Industries, Inc.
P.O. Box 159
Shelburne, Vermont 05482

Dear Mr. Keene:

        Thank you for your letter concerning the Americans with
Disabilities Act (ADA).

        The Department issued final rules implementing titles II and
III of the ADA on July 26, 1991. Copies of these rules are
enclosed. Title II bans discrimination on the basis of
disability in all programs, activities, and services provided or
made available by State and local governments, instrumentalities,
or agencies. Title III prohibits discrimination on the basis of
disability in public accommodations operated by private entities.
Thus, Title III applies to privately owned golf courses.

        Although the Department of Justice is authorized by law to
give legal opinions only to the President and to the heads of
Federal Executive agencies, the ADA authorizes the Department to
provide technical assistance to entities that are subject to the
Act. Therefore, we may provide informal guidance to assist you
in understanding the ADA requirements. However, this technical
assistance does not constitute a binding determination by the
Department of Justice.

        You asked about the possibility of an exemption from the ADA
requirements for existing golf courses, in exchange for the
ability to assign or transfer their obligations to a golfing
facility that is designed especially for golfers with
disabilities. For two reasons, the exemption is not appropriate.
First, the ADA does not allow the Department to exempt public
accommodations -- regardless of reason -- from the statute or
rule. Second, this type of arrangement would be inconsistent
with the principle of integration that underlies the ADA. See,
for example, sections 36.203 and 36.202(c) of the regulation.







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        Currently, the ADA requirements do not include specific
accessibility standards for new construction or alterations of
the unique aspect of recreation facilities, e.g., golf courses.
Other facilities, however, like restrooms, locker rooms, and
restaurants must comply with the ADA accessibility standards.
The standards do not cover air conditioning and hospitalization
equipment.

        I hope this information has been helpful to you.

                                        Sincerely,



                                        John L. Wodatch
                                           Director
                        Office on the Americans with Disabilities Act
                                    Civil Rights Division



Enclosures










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