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              It's a sMall World After All

WASHINGTON, D.C.--With a free shuttle bus at their service, residents
near Chestnut Hill, Massachusetts have had an easier time getting to the
local mall.  That is, all the residents except those with disabilities.

When Rosemary Larking tried to board the bus she found she could not.
The vehicle was inaccessible to her and other individuals who use
wheelchairs.  In fact, it has been inaccessible since December 1993,
when the mall began the  service in violation of the Americans with
Disabilities Act (ADA).

But this holiday season, that has changed under an agreement reached
yesterday between the Justice Department and the Chestnut Hill Atrium
Mall.

With the holiday season in full swing, the upscale mall now leases a
21-seat shuttle bus with a rear-entry hydraulic lift that is accessible
to Larking and all other persons with mobility impairments.

"The ADA is about equal opportunity," said Assistant Attorney General
for Civil Rights Deval L. Patrick.  "We hope all storeowners will
realize the added business that persons with disabilities could bring."

Larking notified the Justice Department after her 12-year old daughter,
Lorelei, who constantly looks out for access problems, recognized the
shuttle was inaccessible.

"My daughter said, 'uh, oh. An ADA problem'," said Larking, who filed a
complaint with the Department alleging that the mall was violating the
ADA.

"I hope this will serve as an example for other businesses," added
Larking.  "Disabled people are consumers too."

In addition to making the bus accessible, the mall also will pay Larking
$500 in cash or in the form of a gift certificate redeemable in any of
the Atrium Mall stores.

Title III of the ADA prohibits discrimination against persons with
disabilities by public accommodations, such as shopping malls.
Complaints about transportation involving services provided by state and
local governments are investigated by the Department of Transportation.
Today's agreement, however, involves a public accommodation and, as
such, is the first involving transportation issues resolved by the
Justice Department.

[Holiday Shoppers with Disabilities to Get Equal Chance to Get to
Massachusetts Mall, DOJ, 12/23/94]

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