# 149


III-4.2000                              December 29, 1994









The Honorable Sam Nunn
United States Senate
303 Dirksen Senate Office Building
Washington, D.C. 20510-1001

Dear Senator Nunn:

     This letter is in response to your inquiry on behalf of your
constituent, XXXXXXXXXXXXXX, who seeks information about the
Americans with Disabilities Act (ADA). 

     XXXXXXXXXXXXX states her husband is a quadriplegic and is
unable to sign his own name, but that she has power of attorney
to sign his name for him.  XXXXXXXXXXXXX seeks to file a
complaint under the ADA against First Union Bank for allegedly
refusing to recognize her husband as the executor of his mother's
estate, because of his inability to sign his own name.

     Title III of the ADA prohibits discrimination on the basis
of disability in commercial facilities and places of public
accommodation, including financial institutions.  Title III
requires, among other things, that owners and operators of places
of public accommodation make reasonable modifications to their
policies, practices, and procedures, if those modifications are
necessary to provide services to persons with disabilities.  The
only limits on this obligation are that the required modification
must be reasonable and may not fundamentally alter the nature of
the services provided at the place of public accommodation. 

     A bank policy of refusing to transact business with persons
who cannot sign their own names would be subject to the
reasonable modification requirement.  The bank would be required
to modify its policy, in order to allow a person with a valid
power of attorney to sign a document on behalf of an individual
who is unable to sign his or her own name because of a
disability, if such a modification is reasonable and would not
fundamentally alter the nature of the bank's services.

     Title III can be enforced by private litigation, alternate
dispute resolution such as mediation, or by filing a complaint
with the Department of Justice.  The Department is not able to
investigate all the complaints of title III violations that it
receives, and we have determined not to investigate this
complaint.  However, there are other entities that may be able to
assist XXXXXXXXXXXXX in resolving her complaint.  We have
enclosed a list of such entities located in Georgia.  

     In addition, we are enclosing copies of three status reports
that detail the actions that the Civil Rights Division has
undertaken to enforce titles II and III of the ADA.  These
reports illustrate that, although the Department of Justice is
unable to investigate every complaint that it receives, we are
taking strong action to enforce the law.  I hope this information
is useful to you in responding to your constituent. 

     If XXXXXXXXXXXXX wishes to have further information about
the requirements of the ADA, she may contact our ADA information
line at (800) 514-0301 (Voice) or (800) 514-0383 (TDD) between
10:00 a.m. and 6:00 p.m. Monday through Friday, except for
Thursday between 1:00 p.m. and 6:00 p.m. EST.

     I hope this information is useful to your constituent.

                            Sincerely,




                         Deval L. Patrick
                    Assistant Attorney General
                      Civil Rights Division

Enclosures