# 20

III-1.2000

DJ 202-PL-00103
July 8, 1992

Deborah C. Craytor, Esq.

Fisher & Phillips
1500 Resurgens Plaza
Atlanta, GA 30326

Dear Ms. Craytor:

I am responding to your request for an opinion concerning

the application of the Americans with Disabilities Act of 1990
(ADA), and this Department's regulation implementing title III of
the ADA, to your client, a private university that conducts
pharmaceutical trials on behalf of manufacturers. This research
is conducted by members of the university's medical faculty whose
test subjects are selected from among their patients and the
general public. Your letter asserts that the primary purpose of
these tests is pharmaceutical research, not medical treatment or
education; therefore, title III's barrier removal requirements
should not apply.

The ADA authorizes the Department to provide technical

assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA. However, this
technical assistance does not constitute a determination by the
Department of Justice of your rights or responsibilities under
the ADA and it is not binding on the Department of Justice.

Title III of the ADA prohibits discrimination against

individuals with disabilities by public accommodations. In order
to be considered a public accommodation, an entity must be
private and it must own, operate, lease, or lease to a place of
public accommodation. A place of public accommodation is a
facility whose operations affect commerce and fall within at
least one of the 12 categories identified in the ADA. You have
correctly noted that a place of education is a place of public
accommodation. The professional office of a health care provider
is a also place of public accommodation.

Under the Department's title III regulation, a public

accommodation is responsible for ensuring compliance with title
III in all of the activities of the place of public accommodation
that it owns or operates. This provision is intended to be read
broadly. Nothing in the ADA or the Department's regulation
supports the conclusion that a place of education is a place of
public accommodation only with respect to the administration of
its curriculum. Research activities are an integral part of the
operations of many colleges and universities, and, in our view,
are subject to the requirements of title III.

Please note that the obligations of a public accommodation

under title III include more than the obligation to remove
barriers. A public accommodation may not discriminate against an
individual with a disability in the operation of a place of
public accommodation. Individuals with disabilities may not be
denied full and equal enjoyment of the "goods, services,
facilities, privileges, advantages, or accommodations" offered by
a place of public accommodation. The phrase "goods, services,
facilities, privileges, advantages, or accommodations" applies to
whatever type of good or service a public accommodation provides
to its customers, clients, or participants.

A public accommodation has an affirmative obligation to

modify its policies and practices to ensure that individuals with
disabilities are not excluded from participation. The public
accommodation must provide auxiliary aids when it is necessary to
ensure effective communication with individuals with
disabilities; it must remove architectural, communication, and
transportation barriers to the extent that it is readily
achievable to do so; and it must ensure that all new construction
and alterations comply with the accessibility standards
established in the title III regulation.

This Department recently issued a technical assistance

manual to assist individuals and entities subject to the ADA to
understand the requirements of title III. I have enclosed a copy
for your information. I hope that this information is helpful to
you.
 Sincerely,

John L. Wodatch
Director
Office on the Americans with Disabilities Act

Enclosure