FEB 12 1997

The Honorable Nancy Pelosi

Member, U.S. House of Representatives
Federal Building
450 Golden Gate Avenue
San Francisco, California 94102-3460

Dear Congresswoman Pelosi:

I am responding to your letter on behalf of your

constituent, XXX , regarding the requirements of the
Americans with Disabilities Act of 1990 (ADA) regarding health
clubs and martial arts schools.

Health clubs and martial arts schools are covered by title

III of the ADA and, therefore, are prohibited from discriminating
on the basis of disability in the provision of their services.
Title III requires, among other things, that covered entities
make reasonable modifications to their policies, practices, and
procedures when necessary to ensure that people with disabilities
have equal access to their services.

A health club, therefore, may be required to modify its

training procedure to provide extra time for an individual with a
learning disability to learn how to use the available exercise
equipment. Similarly, exercises in an exercise class may have to
be demonstrated more slowly than usual, either before or during
class, in order to ensure that a person with a learning
disability can follow the class. A martial arts school may need
to modify some of its class requirements, such as requirements
for specific warm-up movements, for a person with a disability
who cannot carry out the required movements.

Title III does not, however, require a covered entity to

make any modification that would fundamentally alter the nature
of the services provided. Therefore, an exercise facility would
not be required to develop a special curriculum for an individual
with a disability. Similarly, a martial arts program that
requires participants to demonstrate a specific level of
achievement in order to advance in the program would not be
required to exempt a participant with a disability from the
fundamental requirements of a class.

cc: Records, Chrono, Wodatch, McDowney, Hill, FOIA

 n:\udd\hille\policylt\pelosi.ltr\sc. young-parran

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When an individual with a non-apparent disability requests a

reasonable modification of policy under title III, a covered
entity may ask the individual questions necessary to determine
what modifications will be effective and reasonable. The entity
may not ask additional questions that are not tailored toward
determining the appropriate modification.

I have enclosed two copies of the regulation implementing

title III of the ADA for your reference. I hope this information
is helpful to you in responding to your constituent.

Sincerely,

Isabelle Katz Pinzler

Acting Assistant Attorney General
Civil Rights Division

Enclosures

NOV 19 1996

San Francisco, CA

November 11, 1996

Norman Chesler
Representative Nancy Pelosi
450 Golden Gate Avenue
San Francisco, CA 94102

Dear Mr. Chesller,

I have a disability covered under title three of the 1990

ADA. I am writing to you regarding understanding of title three
as this relates to public accommodation.
I have had a hard time in exercise, martial art classes and
health clubs because of my disability. I have tried a few times
on and off without out much success because of a number of
difficulties from my disability. Outside of my experience with
Adaptive PE I have had a hard time with sports, recreation and
exercise.
Recently the 1990 ADA was brought to my attention. After
reading title three of the handbook I am wondering if 36.203,
Intergrated Settings, 36.302, Modifications and 36.201a, General
and other sections of title three applies to my situation.
In Health Clubs/Fitness Centers/Gyms I have two problems.
One is with understanding the instructions for the different
cardiovascular and weight training machines. I need the
instructions in audio tape (I had text books on cassettes in
college) and not the printed form that appears on the machines.
Because of information processing difficulties from my
disability (I do not have hearing problems) it takes me much
longer time then most people to understand how these machines
work. Another method which should work is to have someone explain,
taking a much longer time then the normal introductory
explanation as to how the machine works. I have hurt myself (I
have taken up to four months for one injury to get better)

several times on exercise machines because I do not understand

how they work.
The second problem I have in health clubs is in group classes.
I have gone to a number of exercise classes that are not aerobic
classes which are for beginners. Though these classes have
beginners not everything is slowly demonstrated before it is
done. Because I have Gross Motor Planning Disorder, (one of
the difficulties I have from my disability), I am unable to
reproduce an exercise or movement unless it is done slowly
several times.
Because of this disorder I am unable to reproduce an
instructors movements or exercises that they do unless it is
demonstrated slowly several times. I am unable to participate
for up to 35% of the classes because the instructors do not slowly
do or demonstrate some of the exercises. I have found this
to be a consistent problem at several places.
The classes are 30 to 60 minutes in length. If the instructor
demonstrated slowly everything it would take up 2-3 minutes
in the shorter classes and 2-4 minutes in the 60 minute classes.
I think this would be a minor modification.
Would a health club be required to demonstrate everything
slowly? The marketing people say the instructors are suppose
to demonstrate everything slowly in classes which are for
'beginners' or 'all levels'. I have tried several ways to resolve
this including meeting the instructors before class. If the
1990 ADA covered this situation it would open up
exercise/recreational class opportunities for me that I could
fully participate in.
I have found one type of martial art which I can learn and
do somewhat even though I have a disability. While I am able
to fully participate in most of the core of the class, I am not
able to do 25%-50% of the warm ups because of primary and
secondary restrictions and difficulties from my disability.
What has happened, is that I have been taking private lessons
which are very expensive (about 8 times the cost of a group
class) partly because I can not do a lot of the 20-35 minutes

of warm ups. The instructor asks that I do them in the group

class. In private lessons I only have to do warm ups which I
can do.
Are martial art schools considered public accommodations
in category's 10 or 12?
Does the 1990 ADA require that I be excused from some warm
ups or be allowed to do other warm ups which I am able to
do?
Sometimes there is one part of the core part of the class
which I am not able to participate in because of my disability.
Is the instructor required to provide an alternative
activity for me during this part of the class?
With regards to the two situations covered in this letter
I have the following question. It is always hard to explain
my disability to someone not in the health care industry so
that they understand it. Am I required to explain it? Should
I have a doctor's letter covering each detail of why I can't
participate or do something? It would be easier to just have
a letter documenting that I have the disability. If I did need
to explain why I can't do each thing it would be hard for me
and my doctor.
Though the difficulties covered in this letter may seem silly
they are important to me. It is not possible for me to play
most popular sports or recreational activities because of my
disability.
I would greatly appreciat e any time that you spend looking
into these issues.Can you please keep this letter confidential.

Sincerely yours,
XXX
XXX

December 10, 1996

Dear Mr. Chesler,
Thank you for your letter of November 26th.
I was confused by Congress Woman Nancy Pelosi's response.
The information goes against what I have been told in the past
with regards to Titles 2 and 3.
I assume there was miss communication with my first sentence
of my letter of November 11th. I have a disability that is
specifically listed as being covered in Titles 2 and 3. My
disability is included in the circled areas of the enclosed
copy marked A. As a direct result of my disability I have the
disorders or difficulties mentioned in my letter. Perhaps you
thought that physical exercise is my disability. I have
always been told that private public places of exercise and
recreation are covered in category 12 of Public Accommodation.
I have been told that I am covered in the two situations
in my letter, but I have some questions regarding this.
Could you please review my letter of November 11th again
and respond. I would appreciate if you could please assist me
by answering the questions in my letter of the 11th.

Sincerely yours,
XXX

enclosures: photocopys