DJ 202-PL-00017
                                      MAY 8 1992

Mr. Donald Springer Hawley, PE
Post Office Box 102
Ruidoso, New Mexico 88345

Dear Mr. Hawley:

        This letter responds to your correspondence requesting
information about the provisions of the Americans with
Disabilities Act, 42 U.S.C. 12101-12213 (ADA). The ADA
authorizes the Department of Justice to provide technical
assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA accessibility
standards. However, it does not constitute a legal
interpretation and it is not binding on the Department.

        Your letter specifically inquires as to the means by which
title III of the ADA will be enforced.

        Title III provides for enforcement by both private
litigation and by government litigation. Under Section 308(a),
Title III may be enforced by a private individual through a law
suit against a public accommodation to obtain a court order
requiring compliance with Title III. The private individuals may
obtain reasonable attorney fees, but may not obtain compensatory
or punitive damages. Under Section 308(b), Title III may be
enforced by the Department of Justice through a law suit to
obtain not only a court order requiring compliance, but also
monetary damages (but not punitive damages) and a civil penalty
not exceeding $50,000.00 for a first violation and not exceeding
$100,000.00 for a subsequent violation.

        The Department has received and is investigating complaints
of title III violations from all over the country. There are
also many active disability rights groups around the country that
may choose to pursue litigation to enforce the ADA.

cc: Records Chrono Wodatch Magagna Beard.ta.308.hawley
    arthur T. 4/28/92
01-00740
                                - 2 -

        I enclose a copy of the Department's Title III Regulations
and a copy of the Title III Technical Assistance Manual which may
further clarify obligations under and enforcement of Title III.

        We hope that this information is useful to you in evaluating
the rights and obligations of your customers under the ADA.

                                Sincerely,


                              Joan A. Magagna
                              Deputy Director
                Office on the Americans with Disabilities Act

Enclosures
01-00741
                                                   PO Box 102
                                                   Ruidoso, NM 88345
                                                   January 31, 1992

Department of Justice Coordination and Review Sect.
Civil Rights Division
PO Box 66118
Washington, D.C. 20035-6118

Dear Sirs,

        I am a registered professional engineer interested in
assisting firms to comply with Title III of the Disabilities
Act, and I understand that you are the authority which will
enforce compliance. How will this be enforced? I understand
that the local building department will not be involved, and I
wonder how much attention firms will pay to compliance if they
feel that enforcement is remote and not likely to be effec-
tive. Can you supply me with information or advice as to how
I can convince firms that they should make the investment to
comply with Title III?

                                Yours sincerely,


                                Donald Springer Hawley, PE
01-00742