The Americans with Disabilities Act (ADA) secures equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services and telecommunications. Title III of the ADA applies to public accommodations, which are private entities that are open to the public. Some examples of public accommodations are as follows:

There are many other examples of private facilities that would fall under Title III. If you have a question about a facility, contact one of the sources on the attached sheet for more information. Title III does not apply to discrimination by employers or the government. This fact sheet does not cover transportation problems. If your problem is with an employer, the government, or a transportation provider, please ask us for information about that type of problem. Below are some important rights that are mentioned under Title III. Since it is not a complete list, please contact one of the resources attached for further questions.

Public Accommodations must make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities. An example of modifying a policy is allowing service animals in a place that would not normally allow pets. A public accommodation does not have to modify a policy if it would greatly alter its goods, services, or operations. For example, a doctor who specializes exclusively in burn treatment may refer an individual with a disability to another doctor, if the individual is not seeking burn treatment. A burn specialist, however, could not refuse to provide burn treatment to, for example, an individual who has AIDS or is HIV positive.

A public accommodation must provide auxiliary aids and services when they are necessary to ensure effective communication with people who are deaf, blind or have similar disabilities. Examples of auxiliary aids are qualified interpreters, television captioning, assistive listening headsets, and Braille materials. An auxiliary aid is not required if it would result in an undue burden to the public accommodation.

Undue burden is evaluated by assessing various factors, including the nature and net cost of the accommodation, the overall financial resources of the facility or business, and the impact of the accommodation on the operation of the facility.

The ADA requires the removal of architectural barriers in facilities where "readily achievable." Examples of barrier removal include the following:

• Installation of ramps
• Making curbs accessible on sidewalks/building entrances
• Rearranging furniture
• Widening doorways
• Installing grab bars in restrooms

"Readily achievable" means easy to accomplish and can be done without much difficulty or expense.

If you are being discriminated against by a public accommodation covered by Title III of the ADA you have several options. You may begin by contacting the manager/owner of the facility that you feel is discriminating against you. The best way to notify a business manager/owner is in writing. It is recommended that you keep a copy of the letter for your records so you will have proof of an initial complaint. If you are unable to resolve your problem with a business manager/owner you have the right to file a formal complaint with the Department of Justice or a lawsuit.

If you need additional information about this process, call our P&A office in Columbia at

1-866-275-7273.

This fact sheet has been prepared based on the law at the time it was written. Future changes in the law may make some information incorrect. Please feel free to contact your regional office for updates. This fact sheet is not intended to be legal advice. P&A does not discriminate on the basis of disability, race, gender, or national origin in the provision of its programs or services. Pete Cantrell is P&A's designated coordinator for Sec. 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. January 2000. ED-09

If you need additional information in regards to

The Americans with Disabilities Act, contact:

490 Tenth Street

Atlanta, GA 30318

1-800-949-4232 (v/TTY)

404-385-0641 (fax)

OR

(funded by the Department of Justice)

ADA HOTLINE

1-800-466-4232(voice/tty)

OR

1-800-514-0301(voice)

1-800-514-0383(TTY)

OR

1-800-872-2253(voice)

1-800-993-2822(TTY)

U.S. Department of Justice
Civil Rights Division
Disability Rights Section

- Your full name, address, and telephone number, and the name of the party discriminated against;

- The name of the business, organization, or institution that you believe has discriminated;

- A description of the act or acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individuals who you believe discriminated; and

- Other information that you believe necessary to support your complaint. Please send copies of relevant documents. Do not send original documents. (Retain them.)

Sign and send the letter to the address below:

U.S. Department of Justice
Civil Rights Division
Disability Rights - NYAVE
950 Pennsylvania Avenue, NW
Washington, D.C. 20530

The Disability Rights Section will consider your complaint and inform you of its action. The office will investigate the complaint and determine whether to begin litigation. We will not necessarily make a determination on each complaint about whether or not there is an ADA violation. If we believe there is a pattern or practice of discrimination, or the complaint raises an issue of general public importance, we may attempt to negotiate a settlement of the matter or we may bring an action in U.S. District Court. Any such action would be taken on behalf of the Unites States. We do not act as an attorney for, or representative of, the complainant.

You also have the option of filing your own case in U.S. District Court.

Depending on the nature of your complaint, other information would also be helpful to our investigation:

1. Small businesses have limited protection from lawsuits. Except with respect to new construction and alterations, no lawsuit can be filed concerning acts or omissions that occur before --

1) July 26, 1992, by businesses with 25 or fewer employees and gross receipts of $1,000,000 or less.

2) January 26, 1993, by businesses with 10 or fewer employees and gross receipts of $500,000 or less.

2. The name or names of the individuals or entities who have an ownership and/or managerial interest in each facility or business that is the subject of your complaint, with phone numbers and addresses, including zip codes, if you have them.

3. Information specifying whether the facility is owned and/or operated by a private entity or a state or local government.

4. The nature of the activity or service provided by the business.

5. If you are alleging failure to remove architectural barriers, a description, including as much detail as possible, of the barriers. If possible, please provide pictures, videotapes, diagrams, or other illustrations that accurately set forth the alleged violation.

6. Any suggestions for remedying the alleged violations of the ADA.

7. Information about whether you have filed a related complaint with a U.S. Attorneys Office, or any other Federal, State, or local agency, or any court, or whether you intend to file such a complaint.