DJ    XX

                                                            JAN 12 1993

XX
XX
XX

Dear Mrs. XX

        This letter is in response to an inquiry on your behalf from
Ms. Kathleen F. Rush about the requirements of the Americans with
Disabilities Act ("ADA") for gasoline stations.

        The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation or legal
advice, and it is not binding on the Department of Justice.

        Title III of the ADA and its implementing regulation include
provisions relating to accessibility of privately owned or
operated places of public accommodation, including gasoline
stations. I have enclosed copies of the Department of Justice's
title III implementing regulation, 28 C.F.R. Part 36, and a copy
of the Department's Title III Technical Assistance Manual. The
requirements for removing architectural barriers or providing
alternative access are set out in sections 36.304 and 36.305 of
the title III regulation, at pages 35,597 and 35,598 of the
Federal Register, and are explained in the Technical Assistance
Manual at pages 28-34 and 37-38. Please note especially
Illustration 3 at the top of page 38, and Illustration 1 in the
middle of that page, both of which deal specifically with self-
service gasoline stations. Finally, you may also find useful
some additional explanatory material regarding alternatives to
barrier removal in the Preamble to the title III regulation, at
page 35,570 of the title III regulation.

cc: Records, Chrono, Wodatch, Bowen, McDowney, Contois, MAF,
    FOIA
    Udd:Contois:policyletters:rush

01-01825

                                - 2-


        I hope this information is useful to you in understanding
the requirements of the ADA.

                                        Sincerely,




                                     John L. Wodatch
                                          Chief
                                   Public Access Section
Enclosures (2)

cc: Ms. Kathleen F. Rush
    Assistant Village Administrator
    Village of Woodridge
    1900 West 75th Street
    Woodridge, Illinois 60517-2699

01-01826

                        Village of Woodridge
Village Hall * 1900 West 75th Street * Woodridge, IL 60517-2699 * (708)
852-7000 * FAX (708) 719-0021




December 10, 1992


William P. Barr
Department of Justice
Constitution Avenue and Tenth Street NW
Washington, D.C. 20530

Dear Mr. Barr:

Re: Gasoline Station Accessibility

I am writing on behalf of a resident of the Village of Woodridge
who cannot pump her own gasoline. Please provide any information
available which you may have regarding the gas stations' ability to
require premium payment for full service. Who would regulate the
premium? Are gas stations required to provide services without a
premium service charge?

Please direct your response to            XX
      XX              , with a copy to my attention, 1900 West
75th Street, Woodridge, IL 60517. Thank you.

Very truly yours,

VILLAGE OF WOODRIDGE




Kathleen F. Rush
Assistant Village Administrator

dk
c: ADA File
   Tickler File: 1/15/93

01-01827