DJ 202-PL 215

                                                 MAY 2 5 1993


John M. Barnett
Executive Director
Nebraska Polio Survivors Association
P.O. Box 37139
Omaha, Nebraska 68137


Dear Mr. Barnett:

     This letter is in response to your letter requesting
information about the Americans with Disabilities Act (ADA).  I
apologize for the delay in our response.

     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.

     You ask several questions about the conditions under which a
retail store owner must rearrange display racks to provide
accessible aisles. You request a policy statement on when
rearrangement of racks is not readily achievable. You also ask
whether retail store owners need not rearrange racks if to do so
would result in a significant loss of revenue, and whether the
store owner has the option of either rearranging racks or
providing a clerk to retrieve inaccessible items.

     "Readily achievable" means easily accomplishable and able to
be carried out without much difficulty or expense. The
definition of "readily achievable" in section 36.104 of the
regulation states that the determination of whether an action is
readily achievable should include consideration of several
factors, including the overall financial and other resources of
the covered entity. Section 36.304(f) of the regulation
specifies that rearrangement of display racks is not readily
achievable "to the extent that it results in a significant loss
of selling or serving space." (As you point out, the reference
to loss of revenue was not included in the final rule.) Aside
from this regulation, the Department cannot issue a categorical

cc:  Records, Chrono, Wodatch, Bowen, Novich, FOIA
     Udd:Novich:Policy:215



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statement on when rearrangement is or is not readily achievable.
As stated in the preamble to the title III regulation, "[w]hether
or not any of these measures is readily achievable is to be
determined on a case-by-case basis in light of the particular
circumstances presented and the factors listed in the definition
of readily achievable (S 36.104)." You can find this discussion
on page 35568 of the enclosed title III regulation and a list of
the factors to be considered in whether removal is readily
achievable an page 35594.

     You are also correct in your understanding that a retail
store cannot satisfy ADA requirements by providing a clerk to
retrieve inaccessible items if accessible rearrangement of
display racks is readily achievable. Section 36.305 of the title
III regulation specifies that alternatives to barrier removal may
satisfy the statute only "[w]here a public accommodation can
demonstrate that barrier removal is not readily achievable."

     I hope this information is useful to you.

                             Sincerely,


                           L. Irene Bowen
                            Deputy Chief
                        Public Access Section

Enclosure
     Title III regulation
              



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