JAN 6 1994 (STAMP)

The Honorable Daniel Patrick Moynihan

United States Senate
464 Russell Senate Office Building
Washington, D.C. 20510

Dear Senator Moynihan:

This letter is in response to your inquiry on behalf of

your constituent XX , who raises concerns about
accessibility problems at a shopping mall, a school facility, and
a doctor's office in his community. He also inquires about tax
advantages for persons who are blind.
(b)(6)
With respect to the shopping mall, XX states that
the Hudson Valley Mall in Ulster, New York, has heavy doors that
are difficult to open. The Mall management has apparently denied
requests to install electric doors that would be easier for
persons with disabilities to use. Existing facilities of this
type have an obligation under title III of the ADA to remove
architectural barriers to access where such removal is readily
achievable. However, where the ADA Design Standards for new
construction specify requirements for a particular element, the
barrier removal obligation does not require existing facilities
to exceed the Design Standards. The ADA Standards for Accessible
Design applicable to new construction do not require electric
doors, nor do they set a limit for the maximum door opening force
for exterior hinged doors. See the ADA Standards for Accessible
Design Section 4.13.11 and 4.13.12, Appendix A to the enclosed
title III regulation. Therefore, because the ADA Design
Standards specifically do not require the installation of
electric doors in new buildings, their installation is not
required under the ADA's barrier removal requirements for
existing buildings.

cc: Records; Chrono; Wodatch; McDowney; Magagna; Murrell; FOIA

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(b)(6)
XX next complains about a two-story building
operated by the public school district. State and local
government entities are obligated under title II of the ADA to
make all of their programs and activities accessible to persons
with disabilities. Although a school district is not necessarily
required to make every existing building accessible, it may have
to relocate various services or programs if necessary to provide
program accessibility. All State and local government buildings
constructed after January 26, 1992, must be readily accessible to
and usable by individuals with disabilities. The elevator
exemption for newly constructed small buildings that XX
discusses applies only to privately owned buildings, not State
and local government facilities. See the enclosed title II
regulation at Sections 35.150 and 35.151. if XX wishes
to file a complaint under title II against the school district,
he should write to the U.S. Department of Education, 330 C St.,
Rm 5000, S.W., Washington, 20202-1100. He also has the right
under title II to file suit in federal court and he may wish to
consult an attorney for that purpose.

Finally, XX complains about a doctor who has not

made his office accessible but advises patients with disabilities
that he will see them at the hospital. Existing places of public
accommodations, such as doctor's offices, are required to remove
architectural barriers to access to the extent such removal is
readily achievable. Providing service at a different accessible
location is an appropriate alternative to barrier removal, but
only if barrier removal is not readily achievable. The
determination of whether barrier removal is readily achievable
requires inquiry into the specific facts of each case -- the size
and resources of the entity involved and the nature and cost of
architectural changes required. See the enclosed title III
regulation at Sections 26.304 and 36.305. If XX wishes
to file a complaint under title III against the doctor, he may
write to John L. Wodatch, Chief of the Public Access Section,
Civil Rights Division, U.S. Department of Justice, P.O. Box
66738, Washington, D.C. 20035-6738.

We are enclosing copies of our title II and title III

Technical Assistance Manuals as well as the regulations. If your
constituent has further questions concerning the Americans with
Disabilities Act, he may call our information line at (202) 514-
0301 between 1 p.m. and 5 p.m. EST, Monday through Friday.

(b)(6) XX inquiry regarding tax advantages for persons

with disabilities should be directed to the Internal Revenue
Service.

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I hope this information will assist you in responding to

your constituent.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures
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