# 65


III-4.2000                              May 14, 1993


DJ XXXXXXXXXX








Mr. XXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX
Chapel Hill, North Carolina  XXXXX

Dear Mr. XXXX:

     This letter responds to your inquiry regarding the
applicability of the Americans with Disabilities Act (ADA) to
amusement parks.  

     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 you 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 of Justice.

     Your letter inquires into the intent of the ADA and its
application to lines for attractions at amusement parks.  You
state that you witnessed individuals with disabilities being
permitted to avoid attraction lines and inquire as to whether
this policy is consistent with the ADA.

     The intent of the Americans with Disabilities Act is to set
a national mandate for the elimination of discrimination against
individuals with disabilities.  To further this goal, the Act
contains specific provisions designed to assure that individuals
with disabilities may enjoy the full range of goods, services,
privileges and advantages offered by public accommodations.  

     Title III of the ADA imposes certain obligations on places
of public accommodation to ensure that their services are
provided to individuals with disabilities.  The Act specifically
includes amusement parks and other places of recreation in its
definition of a public accommodation.  See section 36.104 of the
enclosed title III regulation at page 35594.

     The ADA does not require affirmative action or preferential
treatment of individuals with disabilities.  Public
accommodations, however, are required in certain cases to make
reasonable modifications to their policies, practices, or
procedures when modifications are necessary to afford goods,
services, facilities, privileges or advantages to individuals
with disabilities.  See section 36.302 of the title III
regulation at page 35596-97, and preamble at 35564-65.  In light
of this requirement, an amusement park may be required to modify
its policies to allow an individual with a disability to be
admitted to an attraction without waiting in line, if delay would
prevent the individual from participating in the service because
of the nature of the disability.  

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

                            Sincerely,





                         John L. Wodatch
                              Chief
                      Public Access Section

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