AUG 4 1992




The Honorable John A. Boehner
U. S. House of Representatives
1020 Longworth House Office Building
Washington, D.C. 20515

Dear Congressman Boehner:

     This letter is written in response to your correspondence to
Attorney General William Barr on behalf of your constituent,
(b)(6), who alleges that he was discriminated against on
the basis of his disability by Booth's Pharmacy.

     Title III of the Americans with Disabilities Act of 1990
(ADA) prohibits sales establishments from excluding persons with
disabilities from their facilities or from the benefits of their
services. Persons who believe that they have been discriminated
against on the basis of disability have two enforcement options
under the ADA: (1) They may secure private legal representation
and bring an action in federal district court, or (2) they may
file a complaint with the U.S. Department of Justice.
 
    If Mr.        XX     wishes to file a formal complaint with the
Civil Rights Division, he 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.

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

                                   Sincerely,



                                 John R. Dunne
                           Assistant Attorney General
                              Civil Rights Division


cc:  Records, Chrono, Wodatch, Nakata, Bowen, McDowney, Library,
     FOIA
     Udd:Nakata:Congress.ltr.Boehner.1




01-01104
(handwritten)
    TO WHOM IT MAY CONCERN,
            MAY 26 1992
I HAVE M.S. AND USE A CANE,
BOOTH'S PHARMACY DISCRIMINATES
AGAINST PEOPLE WITH DISABILITIES.
THREE TIMES I ASKED THE OWNER'S
TO PROVIDE A CHAIR FOR HANDICAPED
PEOPLE TO SIT WHILE WAITING TO
GET THIER RX'S FILLED, THEY DID
NOTHING. THEY ARE NOT VERY
HANDICAPED ACCESABLE. THERE IS
NO WAY A PERSON IN A WHEELCHAIR
COULD EASY MOVE AROUND. IT IS
A GIFT SHOP ALSO AND THERE IS
SO MUCH STUFF THERE THAT IT IS
HARD FOR ME TO GET AROUND
WITH A CANE. I WENT THERE
ON MAY 15 AT 4:10-4:30 TO GET
A RX FILLED. MR'S BOOTH TOLD
ME TO "GO TO SUPER X AND GET YOUR
RX FILLED." THEN SHE SAID TO. "LEAVE
AND NOT COME BACK." MR. BOOTH
SAID ABOUT THE SAME COMMENTS.





























01-01105
IT IS NOT RIGHT!!, FOR A
BUISNESS TO TREAT ANYBODY
LIKE THIS. I HAVE A FEDERAL
LAW PASSED IN JAN. 92. PROTECTING
PEOPLE WITH DISABILITIES.

I WOULD LIKE THE CONGRESSMAN
TO CHECK BOOTH'S PAARHMCY
OUT AND DO SOMETHING ABOUT
IT. I AM GOING TO COMPLAIN
TO THE CIVIL RIGHTS COMM.
ALSO. I AM, ALSO GOING TO
SUE BOOTH'S PHARAMCY FOR
DISCRIMINATION. PLEASE GET
BACK TO ME AS SOON AS POSSIBLE.

          THANKS,
                     (b)(6)

XX
XX
MIDDLETOWN, OHIO 45044
XX
      REG. VOTER





























01-01106
         The Americans with
          Disabilities Act

  The Americans with Disabilities Act (ADA)
gives civil rights protections to individuals with dis-
abilities that are like those provided to individuals
on the basis of race, sex, national origin, and reli-
gion. It guarantees equal opportunity for individuals
with disabilities in employment, public accommoda-
tions, transportation, State and local government
services, and telecommunications.

I. Employment

     *    Employers with 15 or more employ-
ees may not discriminate against qualified individu-
als with disabilities. For the first two years after July
26, 1992, the date when the employment provisions
of the ADA go into effect, only employers with 25
or more employees are covered.

     *    Employers must reasonably accom-
modate the disabilities of qualified applicants or
employees, unless an undue hardship would result.

     *    Employers may reject applicants or
fire employees who pose a direct threat to the health
or safety of other individuals in the workplace.

     *    Applicants and employees are not
protected from personnel actions based on their
current illegal use of drugs. Drug testing is not
affected.

                         1


















01-01107
     *    Employers may not discriminate
against a qualified applicant or employee because of
known disability of an individual with whom the
applicant or employee is known to have a relation-
ship or association.

     *    Religious organizations may give
preference in employment to their own members and
may require applicants and employees to conform to
their religious tenets.

     *    Complaints may be filed with the
Equal Employment Opportunity Commission.
Available remedies include back pay and court
orders to stop discrimination.

II. Public Accommodations

     *    Public accommodations such as
restaurants, hotels, theaters, doctors' offices, phar-
macies, retail stores, museums, libraries, parks,
private schools, and day care centers, may not dis-
criminate on the basis of disability, effective January
26, 1992. Private clubs and religious organizations
are exempt.

     *    Reasonable changes in policies, prac-
tices, and procedures must be made to avoid dis-
crimination.

     *    Auxiliary aids and services must be
provided to individuals with vision or hearing im-
pairments or other individuals with disabilities so
that they can have an equal opportunity to partici-
pate or benefit, unless an undue burden would result.

                         2
01-01108