# 37


III-4.3200


                                             September 30, 1992



The Honorable Alan Wheat
U.S. House of Representatives
1210 Longworth Building
Washington, D.C.  20515-2505

Dear Congressman Wheat:

     This letter responds to your inquiry on behalf of your
constituent, Candy Knabe, who asks whether the Americans with
Disabilities Act (ADA) requires performance theaters to provide
tickets and programs in Braille to persons with visual
impairments.

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

     The ADA and the regulation issued by the Department under
title III of the ADA require a public accommodation, such as a
theater that is privately owned and operated, to provide
auxiliary aids and services necessary to ensure equal access to
the services that it offers.  Specifically, the regulation
requires that the auxiliary aids and services ensure effective
communication with persons with disabilities.  A public
accommodation is not required, however, to provide any auxiliary
aid or service that would fundamentally alter the nature of the
services offered or that would result in an undue burden. 
Similar requirements apply under the Department's title II
regulation to theaters owned and operated by State or local
governments.  Please refer to section 36.303 of the title III
regulation, pages 25-28 of the Title III Technical Assistance
Manual, section 35.160 of the title II regulation, and pages 35-
37 of the Title II Technical Assistance Manual, all of which are
enclosed, for a discussion of these requirements.
  
     Application of these principles in most circumstances would
mean that, although theaters are free to provide Brailled tickets
and programs to persons with visual impairments, they are not
required to do so.  If a theater provides an usher to guide
persons with visual impairments to their seats, in most instances
effective communication has been provided and Brailled tickets
are unnecessary.  Similarly, the ADA does not necessarily require
theaters to provide programs in Braille for persons with visual
impairments; in many instances, particularly for persons who have
visual impairments but do not read Braille, effective communica-
tion might be provided by making available tape-recorded versions
of programs, or by making available persons who can read programs
to individuals with visual impairments.
 
     I hope this information will assist you in responding to
your constituent.

                                 Sincerely,




                                 John R. Dunne
                          Assistant Attorney General
                             Civil Rights Division

Enclosures (4)