I.  Who is Covered by Title III of the ADA

    The title III regulation covers --

    Public accommodations (i.e., private entities that own,
operate, lease, or lease to places of public accommodation),

    Commercial facilities, and 

    Private entities who operate certain examinations and courses
related to educational and occupational certification.

    Places of public accommodation include over five million
private establishments, such as restaurants, hotels, theaters,
convention centers, retail stores, shopping centers, dry cleaners,
laundromats, pharmacies, doctors' offices, hospitals, museums,
libraries, parks, zoos, amusement parks, private schools, day care
centers, health spas, and bowling alleys.

    Commercial facilities are nonresidential facilities, including
office buildings, factories, and warehouses, whose operations
affect commerce. 

    Entities controlled by religious organizations, including
places of worship, are not covered.

    Private clubs are not covered, except to the extent that the
facilities of the private club are made available to customers or
patrons of a place of public accommodation.

    State and local governments are not covered by the title III
regulation, but rather by the Department of Justice's title II
regulation.

II. Overview of Requirements

    Public accommodations must --

    Provide goods and services in an integrated setting, unless
separate or different measures are necessary to ensure equal
opportunity.
 
    Eliminate unnecessary eligibility standards or rules that deny
individuals with disabilities an equal opportunity to enjoy the
goods and services of a place of public accommodation.

    Make reasonable modifications in policies, practices, and
procedures that deny equal access to individuals with disabilities,
unless a fundamental alteration would result in the nature of the
goods and services provided.

    Furnish auxiliary aids when necessary to ensure effective
communication, unless an undue burden or fundamental alteration
would result.

    Remove architectural and structural communication barriers in
existing facilities where readily achievable.

    Provide readily achievable alternative measures when removal
of barriers is not readily achievable.
    Provide equivalent transportation services and purchase
accessible vehicles in certain circumstances.

    Maintain accessible features of facilities and equipment.

    Design and construct new facilities and, when undertaking
alterations, alter existing facilities in accordance with the
Americans with Disabilities Act Accessibility Guidelines issued by
the Architectural and Transportation Barriers Compliance Board and
incorporated in the final Department of Justice title III
regulation.

    A public accommodation is not required to provide personal
devices such as wheelchairs; individually prescribed devices (e.g.,
prescription eyeglasses or hearing aids); or services of a personal
nature including assistance in eating, toileting, or dressing.

    A public accommodation may not discriminate against an
individual or entity because of the known disability of a person
with whom the individual or entity is known to associate.

    Commercial facilities are only subject to the requirement that
new construction and alterations conform to the ADA Accessibility
Guidelines.  The other requirements applicable to public
accommodations listed above do not apply to commercial facilities. 

    Private entities offering certain examinations or courses
(i.e., those related to applications, licensing, certification, or
credentialing for secondary or postsecondary education,
professional, or trade purposes) must offer them in an accessible
place and manner or offer alternative accessible arrangements.    
  

III.  "Individuals with Disabilities"

    The Americans with Disabilities Act provides comprehensive
civil rights protections for 
     "individuals with disabilities."

    An individual with a disability is a person who -- 
          
    Has a physical or mental impairment that substantially limits
one or more "major life activities," or

    Has a record of such an impairment, or 

    Is regarded as having such an impairment.

    Examples of physical or mental impairments include, but are
not limited to, such contagious and noncontagious diseases and
conditions as orthopedic, visual, speech, and hearing impairments;
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, mental retardation, emotional
illness, specific learning disabilities, HIV disease (whether
symptomatic or asymptomatic), tuberculosis, drug addiction, and
alcoholism.  Homosexuality and bisexuality are not physical or
mental impairments under the ADA.

    "Major life activities" include functions such as caring for
oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
    Individuals who currently engage in the illegal use of drugs
are not protected by the ADA when an action is taken on the basis
of their current illegal use of drugs.

IV.  Eligibility for Goods and Services

    In providing goods and services, a public accommodation may
not use eligibility requirements that exclude or segregate
individuals with disabilities, unless the requirements are
"necessary" for the operation of the public accommodation.

    For example, excluding individuals with cerebral palsy from a
movie theater or restricting individuals with Down Syndrome to only
certain areas of a restaurant would violate the regulation.

    Requirements that tend to screen out individuals with
disabilities, such as requiring a blind person to produce a
driver's license as the sole means of identification for cashing a
check, are also prohibited.

    Safety requirements may be imposed only if they are necessary
for the safe operation of a place of public accommodation.  They
must be based on actual risks and not on mere speculation,
stereotypes, or generalizations about individuals with
disabilities.

    For example, an amusement park may impose height requirements
for certain rides when required for safety.

    Extra charges may not be imposed on individuals with
disabilities to cover the costs of measures necessary to ensure
nondiscriminatory treatment, such as removing barriers or providing
sign language interpreters.

V.  Modifications in Policies, Practices, and Procedures

    A public accommodation must make reasonable modifications in
its policies, practices, and procedures in order to accommodate
individuals with disabilities.

    A modification is not required if it would "fundamentally
alter" the goods, services, or operations of the public
accommodation.


    For example, a department store may need to modify a policy of
only permitting one person at a time in a dressing room if an
individual with mental retardation needs the assistance of a
companion in dressing.
   
    Modifications in existing practices generally must be made to
permit the use of guide dogs and other service animals.

    Specialists are not required to provide services outside of
their legitimate areas of specialization.

    For example, a doctor who specializes exclusively in burn
treatment may refer an individual with a disability, who is not
seeking burn treatment, to another provider.  A burn specialist,
however, could not refuse to provide burn treatment to, for
example, an individual with HIV disease.

VI.  Auxiliary Aids

    A public accommodation must provide auxiliary aids and
services when they are necessary to ensure effective communication
with individuals with hearing, vision, or speech impairments.

    "Auxiliary aids" include such services or devices as qualified
interpreters, assistive listening headsets, television captioning
and decoders, telecommunications devices for deaf persons (TDD's),
videotext displays, readers, taped texts, Brailled materials, and
large print materials. 

    The auxiliary aid requirement is flexible.  For example, a
Brailled menu is not required, if waiters are instructed to read
the menu to blind customers.

    Auxiliary aids that would result in an undue burden, (i.e.,
"significant difficulty or expense") or in a fundamental alteration
in the nature of the goods or services are not required by the
regulation.  However, a public accommodation must still furnish
another auxiliary aid, if available, that does not result in a
fundamental alteration or an undue burden.

VII.  Existing Facilities: Removal of Barriers

    Physical barriers to entering and using existing facilities
must be removed when "readily achievable." 

    Readily achievable means "easily accomplishable and able to be
carried out without much difficulty or expense."  
    What is readily achievable will be determined on a
case-by-case basis in light of the resources available.

    The regulation does not require the rearrangement of temporary
or movable structures, such as furniture, equipment, and display
racks to the extent that it would result in a significant loss of
selling or serving space.

    Legitimate safety requirements may be considered in
determining what is readily achievable so long as they are based on
actual risks and are necessary for safe operation.

    Examples of barrier removal measures include --

    Installing ramps,

    Making curb cuts at sidewalks and entrances,

    Rearranging tables, chairs, vending machines, display racks,
and other furniture,

    Widening doorways,

    Installing grab bars in toilet stalls, and

    Adding raised letters or Braille to elevator control buttons. 
         

    First priority should be given to measures that will enable
individuals with disabilities to "get in the front door," followed
by measures to provide access to areas providing goods and
services.

    Barrier removal measures must comply, when readily achievable,
with the alterations requirements of the ADA Accessibility
Guidelines.  If compliance with the Guidelines is not readily
achievable, other safe, readily achievable measures must be taken,
such as installation of a slightly narrower door than would be
required by the Guidelines.

VIII.  Existing Facilities: Alternatives to Barrier Removal

    The ADA requires the removal of physical barriers, such as
stairs, if it is "readily achievable."  However, if removal is not
readily achievable, alternative steps must be taken to make goods
and services accessible.

     Examples of alternative measures include --
          
    Providing goods and services at the door, sidewalk, or curb,

    Providing home delivery,

    Retrieving merchandise from inaccessible shelves or racks,

    Relocating activities to accessible locations.      

    Extra charges may not be imposed on individuals with
disabilities to cover the costs of measures used as alternatives to
barrier removal.  For example, a restaurant may not charge a
wheelchair user extra for home delivery when it is provided as the
alternative to barrier removal.
IX.  New Construction

    All newly constructed places of public accommodation and
commercial facilities must be accessible to individuals with
disabilities to the extent that it is not structurally
impracticable.

    The new construction requirements apply to any facility
occupied after January 26, 1993, for which the last application for
a building permit or permit extension is certified as complete
after January 26, 1992.

    Full compliance will be considered "structurally
impracticable" only in those rare circumstances when the unique
characteristics of terrain prevent the incorporation of
accessibility features (e.g., marshland that requires construction
on stilts).

    The architectural standards for accessibility in new
construction are contained in the ADA Accessibility Guidelines
issued by the Architectural and Transportation Barriers Compliance
Board, an independent Federal agency.  These standards are
incorporated in the final Department of Justice title III
regulation.

    Elevators are not required in facilities under three stories
or with fewer than 3,000 square feet per floor, unless the building
is a shopping center, shopping mall, professional office of a
health care provider, or station used for public transportation.

X.  Alterations

    Alterations after January 26, 1992, to existing places of
public accommodation and commercial facilities must be accessible
to the maximum extent feasible.

    The architectural standards for accessibility in alterations
are contained in the ADA Accessibility Guidelines issued by the
Architectural and Transportation Barriers Compliance Board.  These
standards are incorporated in the final Department of Justice title
III regulation.

    An alteration is a change that affects usability of a
facility.  For example, if during remodeling, renovation, or
restoration, a doorway is being relocated, the new doorway must be
wide enough to meet the requirements of the ADA Accessibility
Guidelines.

    When alterations are made to a "primary function area," such
as the lobby or work areas of a bank, an accessible path of travel
to the altered area, and the bathrooms, telephones, and drinking
fountains serving that area, must be made accessible to the extent
that the added accessibility costs are not disproportionate to the
overall cost of the original alteration.  
     
    Alterations to windows, hardware, controls, electrical
outlets, and signage in primary function areas do not trigger the
path of travel requirement.

    The added accessibility costs are disproportionate if they
exceed 20 percent of the original alteration.

    Elevators are not required in facilities under three stories
or with fewer than 3,000 square feet per floor, unless the building
is a shopping center, shopping mall, professional office of a
health care provider, or station used for public transportation.
XI.  Overview of Americans with Disabilities Act Accessibility
Guidelines for New Construction and      Alterations
 
    New construction and alterations must be accessible in
compliance with the ADA Accessibility Guidelines.

    The Guidelines contain general design ("technical") standards
for building and site elements, such as parking, accessible routes,
ramps, stairs, elevators, doors, entrances, drinking fountains,
bathrooms, controls and operating mechanisms, storage areas,
alarms, signage, telephones, fixed seating and tables, assembly
areas, automated teller machines, and dressing rooms.  They also
have specific technical standards for restaurants, medical care
facilities, mercantile facilities, libraries, and transient lodging
(such as hotels and shelters.). 

    The Guidelines also contain "scoping" requirements for various
elements (i.e., it specifies how many, and under what
circumstances, accessibility features must be incorporated).

    Following are examples of scoping requirements in new
construction --

    At least 50 percent of all public entrances must be
accessible.  In addition, there must be accessible entrances to
enclosed parking, pedestrian tunnels, and elevated walkways.

    An accessible route must connect accessible public
transportation stops, parking spaces, passenger loading 
     
     zones, and public streets or sidewalks to all accessible
features and spaces within a building.
          
    Every public and common use bathroom must be accessible. Only
one stall must be accessible, unless there are six or more stalls,
in which case two stalls must be accessible.

    Each floor in a building without a supervised sprinkler system
must contain an "area of rescue assistance" (i.e., an area with
direct access to an exit stairway where people unable to use stairs
may await assistance during an emergency evacuation).

    One TDD must be provided inside any building that has four or
more public pay telephones, counting both interior and exterior
phones.  In addition, one TDD must be provided whenever there is an
interior public pay phone in a stadium or arena; convention center;
hotel with a convention center; covered shopping mall; or hospital
emergency, recovery, or waiting room.

    One accessible public phone must be provided for each floor,
unless the floor has two or more banks of phones, in which case
there must be one accessible phone for each bank.

    Fixed seating assembly areas that accommodate 50 or more
people or have audio-amplification systems must have a permanently
installed assistive listening system.  

    Dispersal of wheelchair seating in theaters is required where
there are more than 300 seats.  In addition, at least one percent
of all fixed seats must be aisle seats without armrests (or with
movable armrests).  Fixed seating for companions must be located
adjacent to each wheelchair location.

    Where automated teller machines are provided, at least one
must be accessible.

    Five percent of fitting and dressing rooms (but never less
than one) must be accessible.

    Following are examples of specific scoping requirements for
new construction of special types of facilities, such as
restaurants, medical care facilities, mercantile establishments,
libraries, and hotels --

    In restaurants, generally all dining areas and five percent of
fixed tables (but not less than one) must be accessible.

    In medical care facilities, all public and common use areas
must be accessible.  In general purpose hospitals and in
psychiatric and detoxification facilities, ten percent of patient
bedrooms and toilets must be accessible.  The required percentage
is 100 percent for special facilities treating conditions that
affect mobility, and 50 percent for long-term care facilities and
nursing homes.

    In mercantile establishments, at least one of each type of
counter containing a cash register and at least one of each design
of check-out aisle must be accessible.  In some cases, additional
check-out aisles are required to be accessible (i.e., from 20 to 40
percent) depending on the number of check-out aisles and the size
of the facility.

    In libraries, all public areas must be accessible.  In
addition, five percent of fixed tables or study carrels (or at
least one) must be accessible.  At least one lane at the check-out
area and aisles between card catalogs, magazine displays, and
stacks must be accessible.

    In hotels, four percent of the first 100 rooms and
approximately two percent of rooms in excess of 100 must be
accessible to persons with hearing impairments (i.e., contain
visual alarms, visual notification devices, volume-control
telephones, and an accessible electrical outlet for a TDD) and to
persons with mobility impairments.  Moreover, an identical
percentage of additional rooms must be accessible to persons with
hearing impairments.

    Technical and scoping requirements for alterations are
sometimes less stringent than those for new construction.  For
example, when compliance with the new construction requirements
would be technically infeasible, one accessible unisex bathroom per
floor is acceptable. 

XII.  Examinations and Courses

    Certain examinations or courses offered by a private entity
(i.e., those that are related to applications, licensing,
certification, or credentialing for secondary or postsecondary
education, professional, or trade purposes) must either be given in
a place and manner accessible to persons with disabilities, or be
made accessible through alternative means.

    In order to provide an examination in an accessible place and
manner, a private entity must --

    Assure that the examination measures what it is intended to
measure, rather than reflecting the individual's impaired sensory,
manual, or speaking skills.  

    Modify the examination format when necessary (e.g., permit
additional time).

    Provide auxiliary aids (e.g., taped exams, interpreters, large
print answer sheets, or qualified readers), unless they would
fundamentally alter the measurement of the skills or knowledge that
the examination is intended to test or would result in an undue
burden.  

    Offer any modified examination at an equally convenient
location, as often, and in as timely a manner as are other
examinations.

    Administer examinations in a facility that is accessible or
provide alternative comparable arrangements, such as providing the
examination at an individual's home with a proctor.

    In order to provide a course in an accessible place and
manner, a private entity may need to --
    Modify the course format or requirements (e.g., permit
additional time for completion of the course).

    Provide auxiliary aids, unless a fundamental alteration or
undue burden would result.

    Administer the course in a facility that is accessible or
provide alternative comparable arrangements, such as provision of
the course through video tape, audio cassettes, or prepared notes.

XIII.  Enforcement of the ADA and its Regulations

    Private parties may bring lawsuits to obtain court orders to
stop discrimination.  No monetary damages will be available in such
suits.  A reasonable attorney's fee, however, may be awarded.

    Individuals may also file complaints with the Attorney General
who is authorized to bring lawsuits in cases of general public
importance or where a "pattern or practice" of discrimination is
alleged.
     
    In suits brought by the Attorney General, monetary damages
(not including punitive damages) and civil penalties may be
awarded.  Civil penalties may not exceed $50,000 for a first
violation or $100,000 for any subsequent violation.

XIV.  Technical Assistance

    The ADA requires that the Federal agencies responsible for
issuing ADA regulations provide "technical assistance."

    Technical assistance is the dissemination of information
(either directly by the Department or through grants and contracts)
to assist the public, including individuals and entities with
rights or responsibilities under the ADA,  in understanding the new
law.

    Methods of providing information include, for example,
audio-visual materials, pamphlets, manuals, electronic bulletin
boards, checklists, and training.

    The Department issued for public comment on December 5, 1990,
a government-wide plan for the provision of technical assistance. 

     The Department's efforts focus on raising public awareness of
the ADA by providing--
          
    Fact sheets and pamphlets in accessible formats,

    Speakers for workshops, seminars, classes, and conferences,

    An ADA telephone information line, and

    Access to ADA documents through an electronic bulletin board
for users of personal computers.

    The Department has established a comprehensive program of
technical assistance relating to public accommodations and State
and local governments.  

    Grants will be awarded for projects to inform individuals with
disabilities and covered entities about their rights and
responsibilities under the ADA and to facilitate voluntary
compliance.

    The Department will issue a technical assistance manual by
January 26, 1992, for individuals or entities with rights or duties
under the ADA.


          For additional information, contact: 

               Office on the Americans with Disabilities Act 
               Civil Rights Division 
               U.S. Department of Justice 
               P.O. Box 66118
               Washington, D.C. 20035-6118 
               (202) 514-0301 (Voice) 
               (202) 514-0383 (TDD) 
               (202) 514-6193 (Electronic Bulletin Board).
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