SEP 22 1992

The Honorable Patrick Leahy
United States Senate
516 Senate Hart Building
Washington, D.C. 20510-4502

Dear Senator Leahy:

        This letter is in response to your inquiry on behalf of your
constituent, (b)(6) who is seeking advice as to the
application of the Americans with Disabilities Act (ADA) to Camp
Kiniya, a private children's summer camp.

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

   (b)(6) concerned about the expense of making Camp
Kiniya's facilities and services accessible to children with
disabilities. Under section 36.304 of the enclosed ADA title III
regulation (pages 35,568-35,570 and 35,597-35,598), Camp Kiniya
would have to remove barriers in existing facilities only where
such removal is "readily achievable," i.e., easily accomplishable
and able to be carried out without much difficulty or expense.
Discussion of the barrier removal requirement may be found on
pages 29-37 of the enclosed Title III Technical Assistance
Manual.

        The focus of Camp Kiniya, which is "physical challenges,"
including hiking, riding, mountain climbing, waterskiing, and
sailing, does not have to be changed because of the ADA.
However, under section 36.302 of the enclosed regulation (pages
35,564-35,565 and 35,596-35,597), the Camp will have to make
reasonable modifications in practices when necessary to
accommodate individuals with disabilities, unless the

cc: Records; Chrono; Wodatch; Foran; McDowney; FOIA; MAF
    :udd:foran:leahycongressional
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modifications would fundamentally alter the nature of the
services. However, the ADA does not prohibit public accommo-
dations such as Camp Kiniya from imposing neutral rules and
criteria that screen out, or tend to screen out, individuals with
disabilities, if the criteria are necessary for the safe
operation of the public accommodation. Discussion of these
provisions may be found at pages 21-25 of the Technical
Assistance Manual.

   (b)(6) points out that specially designed camps for
children with disabilities already exist, and asks why children's
camps other than church camps have not been exempted from the
requirements of the Americans with Disabilities Act. One of the
primary purposes of the ADA is the integration of persons with
disabilities into the mainstream of American society. According-
ly, several provisions of the Act prohibit exclusion and
segregation of individuals with disabilities and the denial of
equal opportunity. These provisions are discussed on pages 13-15
of the Technical Assistance Manual.

        I hope this information will assist you in responding to
your constituent.

                                        Sincerely,

                                      James P. Turner
                             Acting Assistant Attorney General
                                    Civil Rights Division
Enclosures (2)
01-01554                                                 (b)(6)
                                                        June 15, 1992

                Camp
                Kiniya 77 CAMP KINIYA RD., COLCHESTER, VT 05446

            "A Good CAMP FOR GIRLS SINCE 1919"

Dear Senator Leahy,

        I have just discovered, to my dismay, that the American
With Disabilities Act, evidently passed by the Congress last
year, rather profoundly affects our small business. Because
this is now the law, our organization, The American Camping
Ass'n. is following the law, and requiring those of us who are
accredited members, to:provide access to children with handi-
caps (all businesses with 15 employees or more, except (and I
am astonished that only they are exempt) church camps. As a
private children's summer camp, in the woods with roots,
rocks, and on 3 levels, (which even healthy children have oc-
casional trouble traversing) we must evidently have ramps in-
to cabins in areas, in which handicapped children could only
reach if they were carried. Our beach is 100 yds. down a very
steep path - and a ski tow would be the only way we could get
a wheel chair bound person to the water. The entire focus of
our particular summer camp is physical challenges.

        I would really appreciate an explanation as to why exemp-
tions were not included for children's camps other than
church camps. There are quite a few special camps for child-
ren with handicaps and I cannot understand how a traditional
children's summer camp such as ours (founded in 1919) which
specializes in hiking, riding, mountain climbing, waterskiing,
sailing, etc. can or should have to shoulder the enormous ex-
pense of putting in the sort of facilities that would be ne-
cessary for disabled children. We are a private business, and
have access to no federal funds; nor do we ask for them. If
the Congress feels this bill necessary than it should provide
funding.

        Could you further tell me if this bill has been chal-
lenged in the courts. I would also like to know how you voted
on this issue.

                                        Cordially,
                                        (b)(6)
01-01555