# 57

III-3.8000                                   March 2, 1993







The Honorable Tony P. Hall
U.S. House of Representatives
2264 Rayburn House Office Building
Washington, D.C.  20515-3503

Dear Congressman Hall:

     This letter responds to your inquiry on behalf of your
constituent, Ronald D. Martin, who asks whether the Americans
with Disabilities Act of 1990 (ADA) requires his fitness center
to provide membership to an individual who has HIV disease.

     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 your constituent in understanding the ADA's
requirements.  However, it does not constitute a legal
interpretation or legal advice, and it is not binding on the
Department.

     Gymnasiums, health spas, and other places of recreation are
places of public accommodation covered by the ADA.  For further
discussion of the definition of a public accommodation, see
section 36.104 of the enclosed title III regulation at pages
35594 and 35551.

     As a place of public accommodation, a fitness center may not
deny an individual, on the basis of a disability, such as HIV
disease, the opportunity to participate in or benefit from its
goods, services, or facilities.  For further discussion of the
definition of a disability, see section 36.104 of the enclosed
regulation at pages 35593 and 35548-35550.  For more information
on the denial of participation from a public accommodation, see
section 36.202 of the title III regulation at pages 35595 and
35556-35558.

     Although a public accommodation is generally barred from
excluding people with disabilities, a person may be excluded from
the activities of a public accommodation if that person poses a
direct threat, or significant risk, to the health and safety of
others that cannot be eliminated by a reasonable modification of 
policies, practices, or procedures.  However, the determination
that an individual poses a direct threat to others may not be
based on generalizations or stereotypes about the effects of a
particular disability.  Such a determination must rely on current
medical evidence or the best available objective criteria.  For
further discussion, see section 36.202 of the title III
regulation at pages 35595-35596 and 35560-35561.

     The current medical evidence does not suggest that HIV can
be contracted through casual contact, perspiration, or urine in
an exercise room, sauna room, or pool.  For this reason, a person
with HIV disease should not pose a direct threat to others in a
health club, and therefore cannot be denied membership on the
basis of that disability.  For more information about HIV
transmission and prevention, you may call the U.S. Public Health
Service Hotline, open 24 hours daily, at (800) 342-AIDS.

     Mr. Martin expressed concern for the "disastrous effect" he
believes admitting a person with HIV would have on his business. 
He claims that fitness center members and employees will be
fearful of sharing facilities with such a person, although he
presents no medical foundation for such fears.  We suggest that
Mr. Martin inform the center's employees and members, through
training or dissemination of information, that a person with HIV
or AIDS does not pose a serious risk to them in a fitness center
setting.  In any event, the ADA prohibits the use of unfounded
fears as an excuse to exclude people with disabilities.

     I hope this information is useful to your constituent in
understanding the requirements of the ADA.


                            Sincerely,




                                                               
                              James P. Turner
                  Acting Assistant Attorney General
                       Civil Rights Division


Enclosures (2)
     Title III Regulations
     Title III Technical Assistance Manual