MAR 11 1994


The Honorable Bob Graham
United States Senator
Post Office Box 3050
Tallahassee, Florida 32315

Dear Senator Graham:

     This is in response to your inquiry on behalf of your
constituent, E. Denise Lee, who seeks information about the
Americans with Disabilities Act (ADA). We apologize for the
delay in responding.

     Your constituent asks whether the ADA requires Regency
Square Mall to permit buses operated by the Jacksonville
Transportation Authority (JTA) to discharge passengers with
mobility impairments at mall entrances. She states that
currently JTA buses must discharge all passengers on "service
roads and major thoroughfares."

     Title III of the ADA, which applies to public
accommodations, such as shopping malls, requires that such
facilities reasonably modify their policies, practices, and
procedures, if such modifications are necessary to afford those
facilities, services to persons with disabilities. Therefore, if
permitting JTA passengers with mobility impairments to be
discharged at mall entrances is necessary for those Passengers to
enjoy Regency Square Mall's services, and if such a modification
to policy is reasonable, it would be required by title III.

     Whether such a modification is necessary for persons with
mobility impairments to enjoy Regency Square Mall's services
would depend at least in part on the proximity of the current
discharge areas on the "service road and major thoroughfares" to
the mall entrances, a fact that your constituent's letter does
not make clear.

     Moreover, title III requires only modifications that are
reasonable. The reasonableness of a -modification may depend on a
number of factors in any particular situation, including any
adverse effects of allowing discharge at mall entrances and the
existence of any alternative discharge areas that would
effectively serve persons with mobility impairments.








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     I hope this information is helpful to your constituent in
understanding the requirements of the ADA.

                                    Sincerely,




                                 James P. Turner
                         Acting Assistant Attorney General
                               Civil Rights Division

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