T. 7-27-92



            DJ 202-PL-187


                                                     JUL 31 1992

            R.J. Dieter, D.P.M.
            Portage Foot Clinic and Surgicenter
            756 Portage Avenue
            South Bend, Indiana 46616

            Dear Dr. Dieter:
DIRECTOR
WODATCH        This letter is in response to your correspondence requesting
            technical assistance with respect to the provisions of the
DATE        Americans with Disabilities Act (ADA).

               The ADA authorizes the Department of Justice to provide
DEPUTY      technical assistance to individuals and entities that have rights
LIB         or responsibilities under the Act. This letter provides informal
            guidance to assist you in understanding the ADA accessibility
DATE        standards. However, this technical assistance does not
            constitute a determination by the Department of Justice of your
            rights or responsibilities under the ADA, and it is not binding
ORIGINATOR  on the Department.
JOHANSEN
7/27/92        Your question deals with your obligations to provide access
DATE        to your office, which is located in an older home. Specifically,
            you ask whether or not you must install a ramp. The ADA does not
            establish specific requirements regarding alterations that must
            be made to existing facilities for the purpose of accessibility,
            if alterations are not otherwise planned. It simply requires
            that places of public accommodation remove architectural and
            communication barriers to the extent that it is "readily
            achievable" to do so. Congress defined the term "readily
            achievable" to mean "easily accomplishable and able to be carried
            out without much difficulty or expense." If it is not readily
            achievable to remove barriers in an existing facility that is not
            otherwise being altered, then barrier removal is not required.
            However, if it is not possible to comply completely with the





cc: Records, Chrono, Wodatch, Bowen, Johansen, FOIA, Library
udd:mercado:policy.letters.certif:johansen.bowen.dieter


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                                        - 2 -

          accessibility specifications, title III provides that a public
          accommodation should comply to the extent that it is able to do
          so -- again without much difficulty or expense.

               We are enclosing a copy of the title III regulations and
          direct your attention to section 36.304, Removal of Barriers.

               I hope this information is helpful to you.

                                             Sincerely,



                                           L. Irene Bowen
                                           Deputy Director
                              Office on the Americans with Disabilities Act
                                        Civil Rights Division

Enclosure
cc: Congressman Tim Roemer

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