T.

8-10-94
AUG 30 1994

Mr. Robert C. Sweitzer

R.C. Sweitzer Enterprises Inc.
840 Alexandria Park
Fort Thomas, Kentucky 41075

Dear Mr. Sweitzer:

This is in response to your letter to Attorney General Reno

regarding the Americans with Disabilities Act of 1990 (ADA).
Your letter addresses two separate issues: the obligation of
places of public accommodation to provide auxiliary aids to
customers or clients who have vision impairments, and the
clients' need for ADA education. With respect to the latter
issue, you have requested the assistance of this Department in
funding a non-profit association to provide ADA education and to
certify "ADA inspectors."

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
or responsibilities under the Act. Pursuant to that authority,
this letter provides informal guidance to assist you in
understanding the ADA. However, this technical assistance does
not constitute a legal interpretation of the statute, and it is
not binding on the Department.

The Attorney General shares your concern that the ADA be

effectively enforced and appreciates your desire to assist in
such enforcement. As you noted in your letter, title III of the
ADA, which covers private entities that own, operate, lease, or
lease to places of public accommodation, may require covered
entities to provide auxiliary aids and services if such aids and
services are necessary to ensure the participation of individuals
with disabilities, unless such aids and services would
fundamentally alter the nature of the entities' programs or would
result in an undue burden. 28 C.F.R. S 36.303. Auxiliary aids
and services for people with vision impairments may include
qualified readers, taped texts, audio recordings, or Brailled or
large print materials. 28 C.F.R S 36.303(b)(2).

Which auxiliary aid or service is appropriate will depend on

the particular circumstances of each individual case. For
example, it will depend on the needs of the individual requesting

cc: Records, Chrono, Wodatch, Blizard, Hill, FOIA, Friedlander

n:\udd\hille\policylt\sweitzr2.ltr

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an auxiliary aid. It will also depend on the particular

information being communicated. Short, simple information may be
adequately conveyed by simply reading the information, while
lengthy or complex information may need to be conveyed by means
of audiotape or Braille. In determining what type of auxiliary
aid is appropriate, a public accommodation should consult with
individuals with disabilities. However, the ultimate decision as
to which type of auxiliary aid or service to provide is up to the
public accommodation, as long as the chosen method results in
effective communication.

The Attorney General also shares your concern that the

public may not be sufficiently aware of the ADA's requirements.
To ensure that the public has the opportunity to become educated
about the ADA, the Attorney General has established a toll-free
ADA information line at 800/514-0301 (voice), 800/514-0383 (TDD)
and an ADA electronic bulletin board at 202/514-6193. In
addition, the Department has published a Title III Technical
Assistance Manual, an ADA Handbook, and an ADA Questions and
Answers booklet.

The Department has also awarded technical assistance grants

to direct specialized information to target audiences. To
address the concerns of people who need auxiliary aids, the
Department has awarded a grant to the American Foundation for the
Blind and Gallaudet University - National Center for Law and
Deafness to provide technical assistance regarding effective
communication with persons who have vision and/or hearing
impairments. Under this grant, the two organizations established
telephone information lines and produced several booklets and a
videotape. Those materials can be obtained by contacting the
National Center for Law and Deafness at 202/651-5373. Under
another grant, the National Federation of the Blind undertook a
project to assist covered entities to find methods to convert
visual materials into formats that are accessible to people who
are visually impaired. They also produced a booklet on effective
communication with people who have visual impairments.

Your proposal to establish a privately trained and funded

group of ADA inspectors is innovative, but not feasible. The ADA
has established a two-tiered enforcement scheme under which the
Department of Justice is authorized to enforce title III through
investigations, compliance reviews, and lawsuits; and private
individuals are independently authorized to file their own
lawsuits. The ADA does not provide any mechanism for
"certifying" that places of public accommodation are in
compliance. Any purported certification by a private inspector
would have no legal validity.

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While much remains to be done, the Department has made

serious efforts to fulfill its goal of widespread understanding
of, and full compliance with, the ADA. I hope this information
is of assistance to you.

Sincerely,

John L. Wodatch
Chief
Public Access Section

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