MAY 26 1993


The Honorable Phil Gramm
United States Senator
2323 Bryan Street, #1500
Dallas, Texas 75201

Dear Senator Gramm:                    
                              (b)(6)
     This is in response to your inquiry on behalf of your
constituent,          XX                         inquiry concerns
the application of the Americans with Disabilities Act to a
meeting room used for a monthly immunization clinic.

     The Americans with Disabilities Act 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 your
constituent in understanding the Act's requirements. However, it
does not constitute a legal interpretation and it is not binding
on the Department.

     Title III of the Americans with Disabilities Act requires
that public accommodations, which would include private entities
that own, operate, or lease clinics or meeting rooms, in existing
facilities remove barriers to access by persons with disabili-
ties, to the extent that such barrier removal is readily
achievable. The preamble to the Department's implementing
regulation under title III of the Act explains that "readily
achievable" means easily accomplishable and able to be carried
out without much difficulty or expense. Therefore, in the
situation described by your constituent, the chamber of Commerce
would be obliged to remove barriers to access to the meeting room
used as an immunization clinic only if it is readily achievable
to do so.




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     Factors that would be taken into account in determining if a
particular action is readily achievable include the nature of the
suggested renovations, the total resources available to the
Chamber of Commerce, and other factors described in the regula-
tion. See 28 C.F.R. S 36.104, "readily achievable." Without more
information about the particular situation, however, we are
unable to offer any further guidance as to whether the full
renovations described by your constituent would be required under
the Act.

     Please note, also, that title II of the Americans with
Disabilities Act requires State and local governments to make
their programs and services accessible to persons with disabili-
ties unless doing so would pose a fundamental alteration of the
program or service or would amount to an undue financial or
administrative burden. 42 U.S.C. S 12132; 28 C.F.R.  S 35.150(3).
Thus, the Act would require that the Texas Department of Health
offer its immunization clinic in an accessible setting or offer
an alternative means of access to its service, such as providing
an alternate location which is accessible or taking the
immunization directly to persons with disabilities.

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

                              Sincerely,




                           James P. Turner
                   Acting Assistant Attorney General
                         Civil Rights Division

Enclosure



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