T.    11-18-93
202-PL-483
                                   NOV 19 1993

Mr. Thomas Mohr
President
Mohr Transit, Inc.
3311 South Harrison Street
Fort Wayne, Indiana 46807

Dear Mr. Mohr:

     I am responding to your letter asking for clarification of
the requirements of title III of the Americans with Disabilities
Act (ADA), 42 U.S.C.  12101 et seq., and this Department's
regulation implementing title III, 28 C.F.R. pt. 36. You have
asked whether the ADA would require Mohr Transit, Inc. to use
lift-equipped vehicles for a combined mobile restaurant and local
tour vehicle.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance to assist you in understanding the ADA and the
Department's regulation. However, this technical assistance does
not constitute a determination by the Department of Justice of
your rights or responsibilities under the ADA, and it is not
binding on the Department.

     Title III of the ADA prohibits discrimination on the basis
of disability in any place of public accommodation that is
subject to the Act. Places that serve food or drink, places of
public gathering, and places of entertainment are public
accommodations that are subject to title III; therefore, the
mobile restaurant and sight-seeing tour that Mohr Transit plans
to operate will be required to make its services accessible to
people with disabilities in accordance with the full range of
title III requirements, such as nondiscriminatory eligibility
criteria; reasonable modifications in policies, practices, and
procedures; provision of auxiliary aids; and removal of barriers
in existing facilities. The ADA requires places of public
accommodation to remove architectural, transportation, and
communication barriers to the extent that it is readily
achievable to do so; however, the Act specifies that retrofitting
an existing vehicle with a hydraulic lift is not required.

cc: Records, Chrono, Wodatch, Blizard, FOIA, Friedlander
    n:\udd\blizard\adaltrs\mohr

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     In addition, Mohr Transit is required to comply with the
applicable ADA standards for accessible design. This
Department's current Standards contain no requirements that apply
to the construction of an accessible vehicle; however, Mohr
Transit is also subject to ADA regulations issued by the U.S.
Department of Transportation, 49 C.F.R. Parts 37 and 38. These
regulations establish the requirements for the purchase of
accessible vehicles by private entities that provide
transportation services, and they establish design and
Construction standards for accessible vehicles. For further
information about these regulations, you should write to:

               The Office of the General Counsel
               U.S. Department of Transportation
               400 7th Street, S.W.
               Washington, D.C. 20590

     For your information, I am enclosing a copy of the
Department's regulation implementing title III of the ADA and the
Title III Technical Assistance Manual, which was developed to
assist individuals and entities subject to the ADA to understand
the requirements of title III. I hope that this information is
helpful to you.

                              Sincerely,




                            John L. Wodatch
                              Chief
                         Public Access Section


Enclosures





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