JUL 23 1993





The Honorable Elton Gallegly
Member, U.S. House of Representatives
300 Esplanade Drive
Suite 1800
Oxnard, California 93030-1262

Dear Congressman Gallegly:

This letter is in response to your inquiry on behalf of your
constituent,     xx    , concerning the problems he has
encountered in meeting the requirements of the Americans with
Disabilities Act ("ADA" or "the Act").

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 your constituent 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.

Your constituent requested information concerning his
obligations under the ADA and what exceptions, if any, apply to
existing facilities, new businesses, and small businesses.

Title III of the ADA applies to places of public
accommodation, including all sales and rental establishments.
See the discussion of this issue at  36.104 of the enclosed
title III regulation and p. 2 of the enclosed title III technical
assistance manual. Both the landlord who owns the building that
houses a place of public accommodation and the tenant who owns or
operates the place of public accommodation are subject to the
requirements of the Act. See the regulation at  36.201 (b)and
the technical assistance manual at p. 3. There is no exception
under the ADA for small businesses.

cc: Records, Chrono, Wodatch, Magagna, Perley, McDowney, FOIA,
    MAF
    udd\rossi\perley\conqress.man

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                       - 2 -

Under title II, an existing facility that is a public
accommodation must remove architectural barriers to access where
such removal is readily achievable. The removal of architectural
barriers to access is readily achievable where such removal is
easily accomplishable and able to be carried out without much
difficulty or expense. The rearrangement of temporary or movable
structures, such as furniture, equipment, and display racks, is
not considered readily achievable, and therefore not required, to
the extent that it results in a significant loss of selling or
serving space. Further clarification of these issues can be
found at  36.304 of the regulation and pp. 29-35 and 37-38 of
the technical assistance manual.

If   XX        plans to alter the facility for a new tenant,
such alterations that affect or could affect the usability of the
facility or any part thereof must fully comply with the ADA
Standards for Accessibility, which are appended to the title III
regulation. The path of travel leading to the altered areas that
contain a primary function, as well as the restrooms, telephones,
and drinking fountains serving such areas, must also comply with
the ADA Standards for Accessibility, unless the cost and scope of
such alterations is disproportionate to the cost of the overall
alteration. Discussion of the alteration provisions of the ADA
can be found at  36.402 and 36.403 of the regulation and
pp. 48-51 of the technical assistance manual.

Please be advised that many state and local building codes
have additional accessibility requirements. Even though your
constituent may be in compliance with the ADA, he must also
comply with his state and local codes if they provide for greater
accessibility.

I hope that this information is helpful. You may wish to
inform your constituent that further information is available
through the Americans with Disabilities Act Information Line at
(202) 514-0301.

                                  Sincerely,



                                 James P. Turner
                          Acting Assistant Attorney General
                              Civil Rights Division

Enclosures



01-02464

May 6th 1993





Congressman Elton Gallegly
300 E. Esplanade #1800
Oxnard, Ca. 930301202

Dear Congressman Gallegly:

It took seven months for my tenant and I to obtain a Planned Dev. Permit.

The tenant sells trash and treasures the building 900 sq. ft. has tables
and shelves with some valuable antiques. The County has advised the tenant
he must provide for wheelchair space and if this is done it will not only
widen four doorways but tables and shelving would have to be eliminated
and then chances for breakage would be great. So my tenant decided to
move out.

I want to know what exceptions I can be given in this situation when I speak
to a prospective tenant.

I know the County and Cities do not have the manpower to go after existing
violations and there are hundreds not only restaurants but other business
including Federal County and City buildings who are and will continue to
be in violation.

What if the restroom is eliminated or if a Johnny if provided outside

This is without question a hardship on the small businessman and unfair
to only target a new business.  I would appreciate your checking into this
and advising.


Sincerely



 xx                 Oxnard 93030 485 9894



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