JUL 2 1992


The Honorable Connie Mack
United States Senator
1342 Colonial Boulevard
Suite 27
Fort Myers, Florida 33907

Dear Senator Mack:

     This is in response to your inquiry on behalf of your
constituent, Ms. (b)(6), relating to whether service
stations must provide refueling service for individuals with
disabilities at the "self-service" rate.

     The Americans with Disabilities Act of 1990 (ADA) authorizes
the Department to provide technical assistance to individuals and
entities that have rights or responsibilities under the Act.
This letter provides informal guidance to assist Ms. (b)(6)       in
understanding the ADA. However, this technical assistance does
not constitute a determination by the Department of Justice of
her rights under the ADA, and it is not binding on the Department
of Justice.

     The Americans with Disabilities Act does not contain a
specific requirement that individuals displaying an emblem
indicating that they have a disability must receive refueling
service at self-service prices. Our regulations implementing
title III of the ADA, however, require public accommodations to
make reasonable modifications in their policies, practices, and
procedures in order to serve individuals with disabilities,
unless they fundamentally alter the nature of the services
provided. 28 C.F.R. S 36.302 (title III regulation). The ADA
prohibits any cost involved in making a reasonable modification
from being imposed as a surcharge on the individual with a
disability who requires the assistance. 28 C.F.R. S 36.301(c).

cc: Records; Chrono; Wodatch; Breen; Willis; McDowney.
    :udd:jonessandra:cong.mack
01-00991
                                   - 2 -

The preamble to our regulation provides in an analogous context
that assistance is not required where only one attendant is on
duty who must remain at the cash register for security reasons.
56 Fed. Reg. 35,544; 35,570 (preamble discussion of 28 C.F.R.
S 36.305). The provisions cited in this paragraph may be found
in the enclosed copy of our title III regulation.

     Under title III of the ADA, which applies to places of
public accommodation and commercial facilities, an individual can
institute a private civil action to obtain a court order to
prevent or stop violations of the ADA. The Department of Justice
may commence a civil action in cases of general public importance
or where a pattern or practice of discrimination is found. In
this regard, individuals may file complaints with the Department
of Justice by writing a letter to the Office on the Americans
with Disabilities Act, Civil Rights Division, U.S. Department of
Justice, P.O. Box 66738, Washington, D.C. 20035-9998.

     For further information, you may wish to refer to our Title
III Technical Assistance Manual, which is enclosed. I hope that
this information is helpful to you in responding to Ms (b)(6)      .

                              Sincerely,

                              John R. Dunne
                         Assistant Attorney General
                            Civil Rights Division

Enclosures (2)

01-00992

                                                  May 4, 1992

Senator Connie Mack
1342 Colonial Blvd., Ste. 27
Ft. Myers, FL 33907

Dear Sir:

          I understand there is a law that a handicapped
person who drives into a "Self-service" area of a service
station and displays the "handicapped" emblem must be given
service by an attendant at the "Self-service" rate. I have
found a few stations where this is the case, but I have found
more where they claim no knowledge of any such law and others
where the clerk says something like, "Oh, we don't do that
here."

          In my case I must use oxygen at all times. Not
only do I have to try to handle the pumping of the gas with a
small tank of oxygen on my shoulder, I also should not be
inhaling the gasoline fumes, which are quite concentrated
when a person is bent over the opening to the gas tank. I'm
certain I am not the only handicapped person who has run into
problems in this situation.

          Is there some way this law could be better publi-
cized both to the general public and to service station
owners and attendants? What recourse does the handicapped
person have when service is refused? I would appreciate
hearing from you in regard to these questions.

          Thank you very much for your help.

                                        Sincerely,

                                        (Ms.) (b)(6)
(b)(6)
01-00993