NOV 25 1992



The Honorable Charles S. Robb
United States Senator
Old City Hall
1001 East Broad Street
Richmond, Virginia 23219

Dear Senator Robb:   

        This letter responds to your inquiry on behalf of XX
(b)(6)   concerning the Martinsville Speedway. XX         has
complained that personnel at the Speedway refused to admit him
after he asked permission to carry a lawn chair onto the premises
to accommodate his disability.

        The Americans with Disabilities Act (ADA) authorizes this
Department to provide technical assistance to individuals and
entities that have rights or responsibilities under the ADA.
Therefore, this letter provides informal guidance to assist you
in responding to (b)(6)  xx   However, this technical assistance
does not constitute a legal interpretation, and it is not binding
on the Department of Justice.

        Under title III of the ADA, a public accommodation,
including a place of recreation such as a speedway, is obligated
to make reasonable modifications in its policies, practices, or
procedures when the modifications are necessary to ensure that
individuals with disabilities have access to its goods and
services, unless the modifications would fundamentally alter the
nature of those goods and services. For a fuller discussion of
this issue, please refer to section 36.302 of the enclosed title
III regulation and pages 22-24 of the enclosed Title III
Technical Assistance Manual.




cc: Records; Chrono; Wodatch; Delaney; McDowney; FOIA; MAF.
    :udd:delaney:ada.cong.robb.(b)(6)



01-01759











                            - 2 -

        We cannot ascertain solely on the basis of the information
provided whether the Speedway is in violation of the ADA. If
(b)(6)xx     wishes to file a formal complaint with the Department
of Justice to initiate an investigation of this matter, he should
send a written complaint to: Public Access Section, Civil Rights
Division, Post Office Box 66738, Washington, D.C. 20035-6738.

       I hope this information is helpful in responding to your
constituent.


                                        Sincerely,




                                      John R. Dunne
                                Assistant Attorney General
                                    Civil Rights Division



Enclosures (2)



01-01760




























(ILLEGIBLE)  1992
Copy
Dear Sirs:                                      Ridgeway, Va.

     On Sept. 24 at 9am I was vehemently
refused entrance to the Martinsville
Speedway after requesting to carry
a ILLEGIBLE mesh lawn chair in
explaining to the man at the entrance
I needed it to sit in having 100% disability
resulting from 2 failed back operations,
ILLEGIBLE severe cronical pain in lower
back, hips, both legs, and numbness down
both legs all the way to my toes. This
has left me handicap in walking, standing
sitting and restricting my movements
and activities.
     It would have been impossible for
me to sit on those hard cement & metal
seats they have. My request was for
that day only. My request should have
been heeded. (ILLEGIBLE) is only a few
people there to see practing on this
day. The ticket collector agreed with me.
     On being sent to the office to ask
permission & explaining my problems
an older lady seemed to become furious
ILLEGIBLE & eventually chewing me out
the 2 men at the gate for sending me
up there. Coming back she said no exceptions
could be made to anyone, that the rules
were no chairs could be taken through the
gates. I am aware that Federal Laws was
passed not long ago giving disabled and
handicap people ample, and special cond-
itions. I want to register a complaint:
Through the proper channels and request
ILLEGIBLE prudent emotional, damages
ILLEGIBLE trouble to correct this problem.
     I am mailing 2 copies of
this letter one to Health & Human Service
Roanoke, Va. & Honorable Senator Charles
Robb. Please advise if you can help. I
ILLEGIBLE 62 ticket would
be XX (b) (6)
$500 Regular Charge

                      Sincerely Yours
                        (b) (6)
01-01761