# 15

III-4.2000

May 15, 1992

The Honorable Robert A. Roe

U.S. House of Representatives
2243 Rayburn House Office Building
Washington, D.C. 205l5-3008

Dear Congressman Roe:

This is in response to your inquiry on behalf of your

constituent, XXXXX XXXXXXX.

Ms. XXXXXXX seeks information about the Americans with

Disabilities Act (ADA). Although we cannot provide legal
interpretations or legal advice to individuals, this letter
provides informal guidance to assist your constituent in
understanding the ADA accessibility standards.

Ms. XXXXXXX writes that she does all of her shopping by

telephone because of her disability. She presents two
concerns -- first, that she is required to pay postage and
handling fees for merchandise that is mailed to her, and, second,
that some stores will not take special orders by telephone. She
inquires whether the Americans with Disabilities Act (ADA)
affords any recourse in these situations.

Ms. XXXXXXX suggests that some mechanism should be created

whereby stores would be exempt from paying postage for mailing
merchandise to persons who can provide proof of disability. The
ADA itself has no provisions that require creation of such a
mechanism. An amendment to the postal service laws or
regulations would be required to implement such a procedure. The
ADA does not require a store to pay the postage fees itself in
these circumstances if the store is accessible to persons with
disabilities.

Ms. XXXXXXX also states that some stores have policies not
to take special orders for out-of-stock merchandise unless the
customer appears personally to sign the order. Ms. XXXXXXX
states that she is unable to make a personal visit to the store
because of her disability. She is therefore unable to obtain the
special order merchandise she seeks. The ADA requires stores to
make "reasonable modifications" in their policies, practices and
procedures in order to make their goods and services available to
persons with disabilities, unless a modification would
"fundamentally alter" the nature of the goods and services
offered. In the circumstance Ms. XXXXXXX describes, it may
be reasonable to require the store to take special orders by
telephone from persons with disabilities who cannot visit the
store. If the store's concern is obtaining a guarantee of
payment that only a signed order would provide, the store may be
able to take such orders by mail from persons with disabilities
or, in the alternative, take credit card orders by telephone.

We hope this information will be of assistance to you in

responding to your constituent.

Sincerely,

W. Lee Rawls
Assistant Attorney General