# 52


III-4.2000
III-4.5000
III-7.8600                                   February 25, 1993    





Suzanne Lacampagne, Esq. 
3705 S. George Mason Drive
Falls Church, VA  22041

Dear Ms. Lacampagne:

     This letter is in response to your request for information
about the Americans with Disabilities Act (ADA).

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act.  However, this technical assistance
does not constitute a determination by the Department of Justice
of your rights or responsibilities under the ADA and does not
constitute a binding determination by the Department of Justice. 
     
      You have inquired as to whether it is discriminatory under
the ADA for a hotel to refuse to guarantee a room reservation for
a wheelchair accessible room when (i) wheelchair accessible rooms
are available at the time a reservation is requested, and (ii)
the individual requesting the room is willing to guarantee
payment for the room with a credit card.        
 
     Under title III of the ADA the owner or operator of a place
of public accommodation, such as a hotel or motel, has an
obligation to make reasonable modifications in its policies, 
practices, and procedures, when such modifications are "necessary
to afford goods, services, facilities, privileges, advantages, or
accommodations to individuals with disabilities."  The
modification to a hotel's reservation procedures to ensure that
accessible rooms are available to individuals with disabilities
under the cicumstances described above, is the type of
modification contemplated by the regulation.  The only exception
to this obligation arises when the owner of the hotel can
demonstrate that making the modification would "fundamentally
alter" the nature of the service or accommodation provided.  See
section 36.302(a) of this Department's title III regulation, as
further discussed on pages 22 and 23 of the title III Technical
Assistance Manual (copies enclosed).  Illustration 2 on page 22
of the Manual discusses exactly this example. 

     You have also inquired as to whether a hotel that offers a
government rate for some of its rooms must also offer a
government rate for at least some of its accessible rooms.  If a
hotel was constructed after the effective date for new
construction under the ADA, as set forth in section 36.401 of the
title III regulation (generally facilities for which construction
began after January 26, 1992, for first occupancy after January 
26, 1993), sleeping rooms and suites required to be accessible
under the ADA Accessibility Guidelines must be disbursed among
the various classes of sleeping accommodations available. See
section 9.1.4(1) of the Guidelines, which are attached as
Appendix A to the title III regulation.  Thus, with respect to
new construction, rooms of the type customarily offered at the
government rate should be included among those required to meet
the standards for full accessibility.

     With respect to existing facilities, a hotel must make
changes to existing facilities to remove barriers (that is, for
example, to create accessible guest rooms) when such changes are
"readily achievable".  The definition of "readily achievable" is
found on page 35594 of the title III regulation and discussed on
pages 29 through 32 of the title III Manual.  If it is not
"readily achievable" to make certain changes to existing
facilities, a hotel may make its goods and services available
through alternative methods, if such alternative methods are
"readily achievable".  As applied to hotels, this means that if
it is not "readily achievable" for a hotel to make a variety of
types of sleeping rooms available, it may choose to provide
services through an alternative method such as modifying its more
expensive rooms and making them available at government or other
lower rates when a guest requests a room at such rates.  In most
cases it will be possible for a hotel to offer its more expensive
rooms at the government rate as a "readily achievable"
alternative to barrier removal.              

     Finally, you have asked us to identify the remedies
available under title III of the ADA.  The remedies available
under title III depend upon the type of suit being brought.  In a
private suit, the available remedies are injunctive relief and
attorney's fees, but not damages.  If a suit is brought by the
Department of Justice under title III, the remedies available are
injunctive relief, damages to individuals, and civil penalties or
fines.  
 
     I hope this information is helpful to you.          

                            Sincerely,                       



                                        
                         John L. Wodatch
                              Chief
                      Public Access Section

Enclosures (2)