U.S. Department of justice
                                    
                                         Civil Rights Division
                             
                                         Coordination and Review Section

                                         P.O. Box 66118
                                         Washington, DC. 20035-6118   

DJ 204-52-0



Ms. Margaret S. Rogers
Cape Fear Chapter
National Association of the
  Physically Handicapped, Inc.
406 Mosley Street
Wilmington, North Carolina 28405

Dear Ms. Rogers:

     This is in response to your letter to the White House
concerning the Wilmington Post Office. We are sorry for the
delay in responding.

     Because the Wilmington Post Office was not constructed or
altered after 1968, it does not fall under the requirements of
the Architectural Barriers Act (ABA). Therefore, as you were
informed by the Architectural and Transportation Barriers
Compliance Board, that agency can take no further action with
respect to your complaint and has closed its case against the
Wilmington Post Office under the ABA.

     Furthermore, the Americans with Disabilities Act (ADA)
applies only to private employers, State and local government
entities, and privately owned and operated places of public
accommodation and commercial facilities. When Congress enacted
the ADA, it specifically exempted the Federal government from
coverage. The Department of Justice can take no action,
therefore, against the Wilmington Post Office under the ADA.

     However, all Federal government entities (including the
United States Postal Service) must comply with section 504 of the
Rehabilitation Act of 1973. The ADA was modeled on section 504,
which prohibits discrimination against qualified individuals with
disabilities in employment and the provision of services.

     It is our understanding that you have already filed a
complaint against the Wilmington Post Office with the Postmaster
General's office. The U.S. Postal Service (USPS) is the Federal
agency responsible for enforcing section 504 in all postal




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service programs and activities. The Department of Justice does
not generally monitor or review individual compliance
investigations and decisions made by other agencies, such as the
USPS. If you are dissatisfied with the Postmaster General's
handling of your complaint, however, you may be entitled to file
a private suit in Federal court under section 504.

     We hope that your complaint is resolved to your satisfaction
and to the satisfaction of all concerned parties.

                              Sincerely,




                          Merrily Friedlander
                            Acting Chief
                     Coordination and Review section
                        Civil Rights Division







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