# 176


III-4.2000
III-3.4000                              October 19, 1995






The Honorable Bob Filner
Member, U.S. House of Representatives
333 F Street, Suite A 
Chula Vista, California  91910

Dear Congressman Filner:

     This is in response to your inquiry on behalf of your
constituents, XXXXXXXXXXXXXXXXXXXXXXX (your case number XXXX). 
We apologize for our delay in responding.

     Mr. and Mrs. XXXXXX are complaining about their treatment at
the Hometown Buffet Restaurant in Chula Vista and they inquire
whether their rights have been violated.  Mr. XXXXXX uses a
wheelchair and requires assistance for toileting.  At the
Hometown Buffet, a problem arose when Mr. XXXXXX attempted to use
the ladies' room with his wife's assistance.  It appears that a
female customer objected to Mr. XXXXXXXX presence in the ladies'
room and the assistant manager subsequently advised the XXXXXXX
to wait outside the restroom until it was unoccupied before
entering to use the toilet.  The XXXXXXX note, however, that a
woman with a child, an "older boy," were apparently allowed to
use the ladies' room without incident.  The XXXXXXX further
allege that they were told to sit at a table in the restaurant
nearest the door, and were advised that this policy was in effect
"in case a wheelchair person became ill."

     Title III of the Americans with Disabilities Act prohibits
discrimination against individuals with disabilities by places of
public accommodation, including restaurants such as the Hometown
Buffet.  Among other things, the ADA requires public
accommodations to make "reasonable modifications" in its
policies, practices, and procedures where necessary to afford an
individual with a disability an equal opportunity to enjoy the
goods and services offered by the public accommodation. 
Designating restrooms for separate use by men and women is a
policy or practice subject to the reasonable modification
requirement.  It appears from the XXXXXXXX account that the
restaurant was willing to modify its general rules and allow 
XXXXXXXXXX to use the ladies' room with his wife's assistance so
long as the privacy of other patrons was respected.  Without
knowing more, the restaurant's position appears to be reasonable.

     More problematic is the restaurant's rule that patrons using
wheelchairs sit only near exit doorways.  While a public
accommodation may impose legitimate safety rules, it cannot make
assumptions about the capabilities of individuals with
disabilities or provide services in a segregated manner.

     Under title III, individuals have a private right of action
to enforce their rights in federal court.  The ADA also
authorizes the Department of Justice to investigate complaints
against places of public accommodation and to take enforcement
action where there is a pattern or practice of discrimination or
discrimination involving an issue of general public importance.

     The Department has undertaken a vigorous enforcement program
under the ADA which is described in the attached report. 
Unfortunately, however, we are not able to investigate every
meritorious complaint we receive.  We have reviewed the
information provided by the XXXXXXX and determined not to
investigate this incident.  The XXXXXXX may wish to pursue their
rights in federal court.  We have also enclosed a list of
agencies in California that may be able to provide some
assistance in this manner. 

     I hope this information will be helpful to you in responding
to your constituents.

                           Sincerely, 




                         Deval L. Patrick
                    Assistant Attorney General
                      Civil Rights Division

Enclosures