APR 9 1993

The Honorable Larry Pressler

United States Senate
133 Hart Senate Office Building
Washington, D.C. 20510-4101

Dear Senator Pressler:

This letter is in response to your inquiry on behalf of

Ms. (b)(6) concerning the Americans with Disabilities Act
(ADA). XX has asked about the nondiscrimination
requirements applicable to transportation provided by hotels,
motels, and airports.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance to assist you in responding to Ms. XX However, this
technical assistance does not constitute a determination by the
Department of the rights or responsibilities of any individual
under the ADA, and it is not binding on the Department.

Under the ADA, a transportation provider's obligations vary

according to whether the service provider is a public or private
entity, whether it offers fixed route or demand responsive
service, and whether it is primarily engaged in the business of
providing transportation. A hotel or motel is a "place of public
accommodation" subject to the requirements of title III of the
ADA, the Department of Justice regulation implementing title III
(28 C.F.R. Part 36), and the applicable sections of the
Department of Transportation regulation implementing titles II
and III (49 C.F.R. Part 37). Places of public accommodation that
provide transportation to their clients or customers must remove
transportation barriers in existing vehicles to the extent that
it is readily achievable to do so, but they are not required to
retrofit existing vehicles with hydraulic lifts.

cc: Records; Chrono; Wodatch; McDowney; Bowen; Blizard; FOIA.

n:\udd\blizard\control\pressler
01-01988

If a place of public accommodation that provides

transportation for its customers or clients acquires new
vehicles, it must comply with the requirements established by the
Department of Transportation. These requirements vary depending
on both the capacity of the vehicle and its intended use, as
follows:

1) Fixed route system: Vehicle capacity over 16. Any

vehicle with a capacity over 16 that is purchased or leased for a
fixed route system must be "readily accessible to and usable by
individuals with disabilities, including those who use
wheelchairs."

2) Fixed route system: Vehicle capacity of 16 or less.

Vehicles of this description must meet the same "readily
accessible and usable" standard described in (1) above, unless
they are part of a system that already meets the "equivalent
service" standard.

3) Demand responsive system: Vehicle capacity over 16.

These vehicles must meet the "readily accessible and usable"
standard, unless they are part of a system that already meets the
"equivalent service" standard.

4) Demand responsive system: Vehicle capacity of 16 or

less. Vehicles of this description are not subject to any
requirements for purchase of accessible vehicles. However,
"equivalent service" standard.

A system is deemed to provide equivalent service if, when

the system is viewed in its entirety, the service provided to
individuals with disabilities, including those who use
wheelchairs, is provided in the most integrated setting
appropriate to the needs of the individual and is equivalent to
the service provided other individuals. The Department of
Transportation regulation lists eight service characteristics
that must be equivalent. These include schedules/response time,
fares, and places and times of service availability.

An airport's obligations will vary according to whether it

is publicly or privately operated. An airport operated by a
public entity is subject to title II of the ADA, and this
Department's regulation implementing title II (28 C.F.R. Part
35), which prohibit discrimination on the basis of disability in
the programs, activities, and services of public entities. A
privately operated airport is subject only to title III's
requirement that new construction or alterations at the airport
facility are accessible. A privately owned airport is not a
"place of public accommodation"; therefore, it is not subject to
the nondiscrimination requirements of title III.

01-01989

Both public and private airports may also be recipients of

Federal financial assistance, which would make them subject to
the nondiscrimination requirements of section 504 of the
Rehabilitation Act of 1973. In addition, airline operations at
both public and private airports may be subject to the
nondiscrimination requirements of the Air Carrier Access Act.
The Department of Transportation has the primary responsibility
for enforcing section 504 as it applies to airports, and has the
sole Federal enforcement responsibility for the Air Carrier
Access Act.

Title II of the ADA requires all public entities, including

airports, to ensure that each program, activity, or service
offered, when viewed in its entirety, is readily accessible to
and usable by people with disabilities, unless the public entity
can demonstrate that the changes required to provide
accessibility will constitute a fundamental alteration of the
entity's program or activity, or will result in undue financial
or administrative burdens. Covered services offered at a public
airport may include services such as "off-airport" transportation
provided through franchises or other contractual arrangements, as
well as services provided directly by public employees at the
airport.
 For your information, I have enclosed copies of the
Department's Technical Assistance Manuals for titles II and III
of the ADA. These manuals contain additional information about
the requirements of the ADA and the Act's enforcement procedures.

I hope that this information is helpful to you in responding

to your constituent.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures (2)

01-01990