XX


(b)(6)

XX
XX                                                    MAR 21 1994
San Jose, CA     XX

Dear    XX

     This is in response to your letter to the Department of
Justice dated January 3, 1994 concerning the inaccessibility of a
local movie theater. 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 and it is not binding on the Department.

     Under Title III of the Americans with Disabilities Act
(ADA), the theater is a place of public accommodation and must
remove all architectural barriers to the degree such removal is
"readily achievable." The term "readily achievable" is a legal
term used in the ADA, and is defined as "easily accomplishable
and able to be carried out without much difficulty or expense."

     Where a public accommodation can demonstrate that barrier
removal is not readily achievable, the public accommodation must
make its goods, services, facilities, privileges, advantages, or
accommodations available through alternative methods, if those
methods are readily achievable. If it is not readily achievable
to remove barriers to provide access by persons with mobility
impairments to all of the theaters of a multiscreen cinema, the
cinema must establish a film rotation schedule that provides
reasonable access for individuals who use wheelchairs to all
films. Reasonable notice must be provided to the public as to
the location and time of accessible showings.

     It should also be noted that the ADA provides that the
landlord of the theater may also be held responsible for
violations of the Act, and therefore, you may want to consider
communicating your concerns to the landlord as well.










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                             - 2 -

     The ADA may be enforced by the Justice Department or by
private counsel. Should you wish to file a formal complaint with
our office, you should address the complaint to:

     U.S. Department of Justice
     Civil Rights Division
     Public Access Section
     P.O. Box 66738
     Washington, D.C. 20035-6738

     I hope this information is of assistance to you.

                           Sincerely,



                         Philip L. Breen
                      Special Legal Counsel
                      Public Access Section

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