# 151



DJ XXXXXXXX


                                   Writer's Direct Dial: (202) 514-6014 (Voice & TDD)

III-4.2000

                                   September 20, 1994



XXXXXXXXXXXXXXXXXXX
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XXXXXXXXXXXXXXXXXXXXXXXXX  XXXXX

     Re:  DJ XXXXXXXX
          XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXX:

     Thank you for your letter of March 2, 1993, and the
accompanying material.  We appreciate your cooperation and
apologize for the long delay in responding to you.

     I am writing to inform you that this office has decided to
take no further action on the complaint filed against XXXXXXXXX
XXXXXX.  We are closing our file on this matter.

     You should be aware, however, that title III of the ADA
requires the owners and operators of restaurants and other public
accommodations to make reasonable modifications in their policies
and practices when it is necessary to afford goods or services to
an individual with a disability.  That is, you cannot require an
individual with a food allergy to accept at face value your
assurances that there is nothing in what you serve that will
trigger a reaction.  If there is some reasonable modification
that you can make to accommodate that person, you must make it.

     Our decision to close our file on this matter does not
represent a decision on our part that you have not violated the
ADA.  In addition, our decision not to pursue this matter further
in no way prevents a private litigant from pursuing with you or
in court the matters raised in the complaint, or other matters
arising under the ADA, and it does not foreclose the possibility
that this office may decide to review your compliance with the
ADA at some point in the future.

     If you have questions about the requirements of the ADA, you
may call the toll-free ADA Information Line at 1-800-514-0301,
which is open weekdays from 11:00 a.m. to 5:00 p.m., Eastern
time.

                            Sincerely,



                        Thomas M. Contois
                             Attorney
                      Public Access Section