MAR 11 1994

The Honorable Christopher Shays

Member, U.S. House of Representatives
10 Middle Street, 11th Floor
Bridgeport, Connecticut 06604

Dear Congressman Shays:

This letter is in response to your inquiry on behalf of your

constituent, XX (b)(6)

Your letter indicates that XX uses a wheelchair and

must use the full-service pumps at gasoline stations. XX
asked whether the Americans with Disabilities Act ("ADA")
requires gasoline stations to offer self-service prices to
individuals with disabilities who must use full-service pumps.

Title III of the ADA applies to all privately owned places

of public accommodation. Title III sets forth twelve categories
of entities that are places of public accommodations having
obligations under the Act. One of these categories is "service
establishments," which includes gasoline stations.

Under title III existing facilities must remove all

architectural barriers to access if such removal is readily
achievable. Removal is "readily achievable" if it is easily
accomplishable and able to be carried out without much difficulty
or expense. Accordingly, a gasoline station with self-service
pumps must remove any barriers that prevent individuals with
disabilities from using the self-service pumps, as long as the
removal is readily achievable.

If it is not readily achievable for a gasoline station to

remove these barriers, then the service station must use an
alternative method to provide its services to individuals with
disabilities, such as providing refueling services upon request
to an individual with a disability, if the alternative is readily
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achievable. In certain situations some alternative methods are

not required because of security considerations. For example, a
cashier at a gasoline station is not required to leave his or her
post to provide refueling services for an individual with a
disability when there are no other employees on duty. If,
however, a gasoline station provides its services through
alternative measures, it cannot place a surcharge on individuals
with disabilities for the costs associated with that alternative
method.

Thus, if a person with a disability is provided full-

service refueling because the self-service island is
inaccessible, the gasoline station must provide the refueling
service at the self-service price. These obligations are
described in more detail in the enclosed Technical Assistance
Manual published by the Department of Justice. See sections III-
4.4000 and III-4.5000. If you would like to obtain a
subscription to the Technical Assistance Manual and annual
supplements, please see the enclosed subscription form for
further information.

If XX believes that the gasoline station in question

has violated title III, he may file a complaint in Federal court
to enforce the Act, or he may file a complaint with the
Department of Justice, which is authorized to investigate
allegations of violations of title III in cases of general public
importance or a pattern and practice of discrimination. If
(b)(6) XX wishes to file a complaint with the Department of
Justice under title III, he may address it to the Public Access
Section, Civil Rights Division, U.S. Department of Justice, Post
Office Box 66738, Washington, D.C. 20035-6738.
 I hope this information is useful to you in responding to
XX . For further information about the ADA, XX may
call our ADA hotline at (202) 514-0301 from 1:00 p.m. to 5:00
p.m. EST.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosure

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