T. 8/21/92
SBO:SK:KGF
DJ# 192-180-07241
The Honorable William Emerson
U.S. House of Representatives
2454 Rayburn House Office Building
Washington, D.C. 20515

ATTN: Ms. Kelly Hughes

Dear Congressman Emerson:

        This letter responds to your request for information about
the Americans with Disabilities Act (ADA) on behalf of Missouri
State Senator Jerry Howard.

        The concerns expressed in Senator Howard's letter and the
attachments appear to be based on some misconceptions about the
requirements of the ADA for existing facilities. As explained in
 II-6.1000 (page 23 of the enclosed Title II Technical
Assistance Manual), title II, which covers State and local
governments, does establish strict accessibility requirements for
new construction and alterations. However, these requirements do
not apply to existing buildings.

        Under title II, a public entity must provide program access
to its services, programs, and activities. This requirement does
not necessarily mean that all existing facilities must be
accessible, but does require that the program, when viewed in its
entirety, must be accessible to and usable by individuals with
disabilities. The Title II Technical Assistance Manual includes
further discussion of program accessibility on pages 19-22.

        The attachment to Senator Howard's letter also refers to
renovation requirements applicable to businesses. As explained
on pages 28-32 in the Department's Title III Technical Assistance
Manual (enclosed), title III of the ADA, which applies to public
accommodations and commercial facilities, requires that
structural barriers in existing places of public accommodation be
removed, but only if the removal is "readily achievable."
Commercial facilities, such as office buildings, are not subject

cc: Records, CRS, FOIA, Friedlander 3, Kaltenborn, McDowney
    udd:kaltenborn:emerson
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to the requirement for readily achievable barrier removal, but,
like places of public accommodation, are subject to the
accessibility requirements for new construction and alterations
as discussed on pages 43-44 of the Manual.

        I hope that this information clarifies the requirements of
the ADA and is helpful in responding to Senator Howard.

                                        Sincerely,
                                        John R. Dunne
                                Assistant Attorney General
                                   Civil Rights Division
Enclosures (2)
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