U.S.

Department of Justice

Civil Rights Division

MAY 23 1992

DJ# 181-06-0006 Coordination and Review Section

P.O. Box 66118
Washington, D.C. 20035-6118

Mr. William J. Gordon

BHP Petroleum
1401 Eye Street, N.W.
Suite 200
Washington, D.C. 20005

Dear Mr. Gordon:

This letter is in response to your inquiries with respect to

the obligations of self-service gasoline stations and convenience
stores under the Americans with Disabilities Act (ADA).

The ADA authorizes the Department to provide technical

assistance to entities that are subject to the Act. This letter
provides informal guidance to assist you in understanding how the
ADA may apply to your business. However, this technical
assistance does not constitute a determination by the Department
of Justice of your rights or responsibilities under the ADA and
does not constitute a binding determination by the Department of
Justice.

The general provisions applicable to public accommodations,

such as self-service gasoline stations and convenience stores,
are provided in the regulations implementing title III of the
ADA. These regulations were published on July 26, 1991, in the
Federal Register. I have enclosed a copy of the regulations for
your reference.

The section of the regulation that appears most relevant to

your concerns is S36.305, which governs alternatives to barrier
removal. The general language of S36.305 and the examples used
in the preamble to that section indicate that attendant
assistance could be a readily achievable alternative in many
cases, if more than one attendant is on duty at the facility.
If assistance is provided to an individual with a disability as
an alternative to barrier removal under S36.305, the service
station may not charge extra for the service provided.

01-00807

-2-

The preamble to S36.305 recognizes, however, that there may

be security considerations that would legitimately prevent a
cashier from leaving the cash register. The preamble makes clear
that the ADA would not require a cashier who is the only employee
on duty to leave a cash register to assist a motorist with a
disability.

Service stations and convenience stores are subject to the

requirements of title III without regard to their size. There is
no exemption for small businesses from the ADA's requirements for
public accommodations and commercial facilities.

We hope you find this information of assistance.

Sincerely,

Stewart B. Oneglia
Chief
Coordination and Review Section
Civil Rights Division

Enclosures
01-00808

Pacific Resources, Inc.

1401 Eye Street, N.W. Suite 200
Washington, D.C. 20005
Telephone (202) 682-0611
Fax (202) 682-0616

BHP
August 19, 1991 Petroleum

Office of the A.D.A.

Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

Dear Sir/Madam:

Please clarify for me the requirements that will be placed on self-service

gasoline stations and convenience stores under the Americans with Disabilities
Act and its regulations. If the requirements vary according to the size of the
facility, please indicate so. I have heard assorted rumors - ranging from the
A.D.A. having no effect on the business practices of these establishments, to
the A.D.A. requiring a service station to provide full service to handicapped
motorists at self-service prices.

Please respond to me in writing at:

BHP Petroleum
1401 Eye St., N.W.
Suite 200
Washington, D.C. 20005

or by telephone at (202) 682-0611. Thank you for your assistance.

Sincerely,

William J. Gordon
01-00809