AUG 4 1992





The Honorable Thomas J. Bliley, Jr.
U.S. House of Representatives
2241 Rayburn House Office Building
Washington, D.C. 20515-4603

Dear Congressman Bliley:

     This letter is in response to your inquiry on behalf of your
constituent, Mrs.     XX        , concerning retirement homes that
do not permit use of electric wheelchairs.

     The letter from Mrs. (b)(6) provides insufficient
information to enable us to determine what provisions of the ADA
may apply to the circumstances in question. If Mrs.      XX
believes that her husband has been discriminated against on the
basis of his disability she has two enforcement options under the
ADA: (1) She may secure private legal representation and bring
an action in Federal court, or (2) she may file a complaint with
the Department of Justice.

     If Mrs. (b)(6) chooses to file a complaint with the
Department of Justice, she should send it to one of two offices
of the Civil Rights Division assigned to investigate such
complaints. If the nursing home is operated by a State or local
government, she should send any relevant information to the
Coordination and Review Section, Civil Rights Division, U.S.
Department of Justice, P.O. Box 66118, Washington, D.C. 20035-
6118. If, on the other hand, the nursing home is operated by a
private entity, she should send any relevant information to the
Office on the Americans with Disabilities Act, Civil Rights
Division, U.S. Department of Justice, Post Office Box 66738,
Washington, D.C. 20035-9998. All complaints should be in writing
and should set forth, in as complete a manner as possible, the
factual circumstances surrounding the complaint.

cc: Records, Chrono, Wodatch, Russo, Breen, McDowney, FOIA,
    Library
    Udd:Russo:Cong.Blilely






01-01100
                                   - 2 -

     To provide some information about possibly relevant ADA
provisions, I have enclosed copies of the Department's Technical
Assistance Manuals. Discussion of requirements regarding
eligibility criteria and reasonable modifications in policies,
practices, and procedures may be found on pages 12-13 of the
Title II Manual and pages 21-25 of the Title III Manual. We are
also enclosing a copy of the ADA Handbook, which includes a copy
of the Act (requested by Mrs. (b)(6) in section V(A).

     I hope this information is of assistance to you in
responding to your constituent.

                                   Sincerely,



                                 John R. Dunne
                         Assistant Attorney General
                           Civil Rights Division

Enclosures (3)






























01-01101
                         CONSTITUENT INFORMATION
                                                       INQUIRY #: 80465
                                                       RECORD ID: 164485
DATE:                                                 SALUTATION:

     JS        JD        BD        PB        LP        X LB

INTEREST: JC09A                    DC1SA


TEXT:                              COMMENTS:
                                   the letter to The
                                   ADA office goes
                                   to the attention
                                   of Joe Russo
(b)(6)
XX


(handwritten)
She and her husband want to move into a
retirement home. Her husband is a quadroplegic
and uses an electric wheelchair. The retirement
homes they visited will not allow electric
wheelchairs. Isn't this discrimination against
the handicap? She wants to know where
her rights stand? What about the ADA.
She would like to get a copy of the ILLEGIBLE

























01-01102
                    Congress of the United States
                      House of Representatives
                     Washington, DC 20515-4603
                              June 25, 1992


Mr. John Wodatch
Director
Office on the Americans With Disabilities Act
Department of Justice
P.O. Box 66738
Washington, D.C. 20035-9998

Dear Mr. Wodacth:

     I am writing you on behalf of my constituent, Ms. (b)(6)
XX    She is concerned because she has been informed by a
retirement home in Richmond that her husband would not be allowed
to reside their due to the fact he operates an electric wheel
chair.

     Enclosed is a copy of Ms.     XX    request. I am aware that I
am sending you few facts to go by in this case, but it is my hope
that you would be able to explain to both Ms. (b)(6) and myself the
laws surrounding matters such as this one.

     I am looking forward to your response, and I thank you in
advance.

     With kindest regards, I am

                                   Sincerely,




                                   Thomas J. Bliley, Jr.
                                   Member of Congress
01-01103