OCT 25 1995

The Honorable Donald A. Manzullo

U.S. House of Representatives
426 Cannon House Office Building
Washington, D.C. 20515-1316

Dear Congressman Manzullo:

This letter responds to your inquiry seeking information

about the liability of contractors and architects under title III
of the Americans with Disabilities Act of 1990.

The Americans with Disabilities Act of 1990 ("ADA")

authorizes the Department of Justice to provide technical
assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist your constituent in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation, and it is not binding on the Department.

Title III of the ADA prohibits a variety of forms of

discrimination against individuals with disabilities. One of its
provisions -- section 302 of the Act, 42 U.S.C. 12182 --
applies to public accommodations and prohibits any party that
owns, leases, leases to, or operates a public accommodation from
engaging in several forms of discrimination on the basis of
disability (including, for instance, maintaining discriminatory
eligibility criteria, failing to provide auxiliary aids and
services when necessary for the participation of an individual
with a disability, and failing to remove architectural barriers
to access where it is readily achievable to do so).

Another provision of title III -- section 303 of the Act,

42 U.S.C. 12183 -- applies to public accommodations and
commercial facilities, and defines illegal discrimination to
include failures to design and construct new public
accommodations or new commercial facilities to be readily
accessible to and usable by individuals with disabilities.

(Handwritten) FOIA
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Under this section, parties who participate in this type of
unlawful discrimination, such as an architect or contractor, may
be found jointly liable for violating the ADA. I have enclosed
for your information a copy of the Department of Justice's
Technical Assistance (TA) manual for title III. Section III-
5.1000 of the TA manual discusses, on page 46, liability for
violations of the ADA's architectural standards for new
construction.

I hope this information will assist you in responding to

your constituent.

Sincerely,
Deval L. Patrick
Assistant Attorney General
Civil Rights Division
Enclosure
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Congress of the United States
House of Representatives
Washington, DC 20515-1316
September 11, 1995

The Honorable Janet Reno

Attorney General
Department of Justice
Tenth and Constitution Ave., N.W.
Washington, D.C. 20530

Dear Attorney General Reno:

I am writing to you on behalf of a consituent who has requested

information regarding DOJ enforcement of the Americans With
Disabilities Act.

Specifically, I am interested in obtaining information pertaining to

liability of contractors and architects with regards to public
accomodations found to be in violation of ADA requirements. While I
was of the understanding that liability was limited to owners,
operators, lessors and lessees of places of public accomodation, my
constituent is concerned that contractors involved in the
construction of public accomodations may be held jointly liable for
non-compliance with ADA guidlines.
I would appreciate your assitance in clarifying this issue.

Sincerely,
Donald A. Manzullo
U.S. Congressman
16th District, Illinois
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