SEP 26 1994 The Honorable Dan Coats United States Senator 1180 Market Tower 10 West Market Street Indianapolis, Indiana 46204-2964 Dear Senator Coats: This letter is in response to your inquiry on behalf of your constituents, XX , concerning alleged architectural barriers to access for persons with disabilities at a local branch of the U.S. Postal Service, fairgrounds, and restaurants and other private companies in Indiana. Each of these is subject to different Federal civil rights laws. They are discussed in turn, below. The U.S. Postal Service, as a Federal agency, is not covered by the Americans with Disabilities Act ("ADA"). Instead, it is covered by the Architectural Barriers Act of 1968, which requires Federal buildings to meet accessibility standards, and by the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of disability by Federal Executive agencies and the U.S. Postal Service. The Architectural Barriers Act is enforced by the Architectural and Transportation Barriers Compliance Board ("Access Board"). XX can contact them for assistance at: Architectural and Transportation Barriers Compliance Board 1331 F Street, N.W. Washington, D.C. 20004-1111 1-800-872-2253 (voice and TDD) Additionally, your constituents can contact the U.S. Postal Service directly concerning compliance with the Rehabilitation Act, as amended, or the Architectural Barriers Act. They may address their correspondence to: cc: Records; Chrono; Wodatch; Bowen; Mobley; McDowney; MAF; FOIA. udd\mobley\congress\lugar 01-03442 - 2 - Architectural Barriers Compliance Program U.S. Postal Service 475 L'Enfant Plaza, N.W., Room 4130 Washington, D.C. 20260-6422 (202) 268-3139 Assuming that the fairgrounds mentioned by your constituents are owned and operated by a State or local government, the governmental entity must comply with title II of the ADA. Title II requires governmental entities to provide access to persons with disabilities to all of its programs. This "program access" requirement means that each service provided by the government, when viewed in its entirety, must be readily accessible to and usable by persons with disabilities. In many cases, but not all, it is necessary for a governmental entity to remove architectural barriers in existing facilities to achieve program access. If XX wish to file a complaint about the fairgrounds or other facilities owned or operated by a State or local government, they may send their correspondence to: Coordination and Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 The restaurants mentioned by the XX as well as some other categories of private companies, are "public accommodations" as defined in title III of the ADA. Title III requires that, with respect to existing facilities, public accommodations remove barriers to access for persons with disabilities, if removal is "readily achievable," i.e., relatively inexpensive and easily accomplishable. For new construction and alterations, places of public accommodation must comply with the Standards for Accessible Design promulgated by the Department of Justice. Discussion of the title III requirements appears in the enclosed regulation at sections 36.401-402 on pages 35599-600 and 35574-75 (new construction and alterations), section 36.104 on page 35594 and pages 35553-54 (definition of "readily achievable"). There is further discussion of these issues in the enclosed Title III Technical Assistance Manual at pages 29, 43, 48, and 57. If XX wish to file a complaint against the restaurants and other public accommodations mentioned in their letter, they may send complaints to: 01-03443 - 3 - Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 XX should include as much information as possible in their complaints, regardless of where they are filing their complaints. At a minimum, they should give the names, addresses, and telephone numbers for the entities they feel have discriminated against people with disabilities, describe the architectural barriers or other problems as fully as possible, give relevant dates, and, if known, the names of managers or owners to whom investigative correspondence should be addressed. It would also be helpful to include photographs or drawings of the architectural barriers, if possible. Further information about titles II and III of the ADA is available through the Department's toll-free ADA Information Line, (800) 514-0301 (voice), or (800) 514-0383 (TDD). I hope this information is useful to you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-03444 (handwritten) 8/3/94 Dear Senator's Lugar & Coats: I am writing to let you know that wheelchair people don't have, lots of business people don't have so they can get in. like Post Office in Batesville Napoleon Greensburg, and restaurants can't get in them either, and the Fair ground in Osgood. can't get in the grandstand, They are all discriminating against the handicap. It time to do some thing. Thank You XX Batesville, In XX XX 01-03445