SEP 22 1992

The Honorable Jim McCrery

Member, U.S. House of Representatives
621 Edwards Street
Shreveport, Louisiana 71101

Dear Congressman McCrery:

This letter responds to your inquiry concerning your

previous correspondence on behalf of (b)(6). Enclosed
is a copy of our letter of August 12, 1992, addressing that
inquiry. Included is a copy of the enclosure that accompanied
that response.

I hope you find this information helpful in responding to

your constituent's request.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division
Enclosures

cc: Records; Chrono; Wodatch; Breen; McDowney; FOIA.

:udd:breen:cong.mccrery
01-01556​
U.S. Department of Justice
Civil Rights Division
Office of the Assistant Attorney General Washington, D.C. 20038

The Honorable Jim McCrery

Member, U.S. House of Representatives
621 Edwards Street
Shreveport, Louisiana 71101

Dear Congressman McCrery:

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

constituent, (b)(6) concerning the Americans with
Disabilities Act's (ADA) requirements for barrier removal in
retail establishments and the proper method of filing a
complaint.
 The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities with rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA accessibility
standards. However, this technical assistance does not
constitute a legal interpretation of the statute and it is not
binding on the Department.

Title III of the ADA requires places of public

accommodation, including retail establishments and department
stores, to undertake readily achievable barrier removal to make
the stores accessible to individuals with disabilities including
those who use wheelchairs. These requirements are further
explained in the enclosed Department of Justice title III
regulations at 28 C.F.R. ​ 36.304 and 36.305.

If (b)(6) believes that KMart's failure to widen the

checkout lanes has resulted in her daughter being discriminated
against on the basis of her disability she has two enforcement
options under the ADA: (1) She may secure private legal
representation and bring an action in Federal court, or (2) she
may file a complaint with the Department of Justice.

If(b)(6)chooses to file a complaint with the Department

of Justice, she should send any relevant information to the
Office on the Americans with Disabilities Act, Civil Rights
Division, U.S. Department of Justice, Post Office Box 66738,
Washington, D.C. 20035-9998. All complaints should be in writing
and should set forth, in as complete a manner as possible, the
factual circumstances surrounding the complaint.
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-2-
I hope this information is of assistance to you in
responding to your constituent.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division

Enclosure
01-01558​
U.S. Department of Labor
The Honorable Jim McCrery
Member, U.S. House
of Representatives
621 Edwards Street
Shreveport, Louisiana 71101

Dear Congressman McCrery:

Thank you for your July 7 letter, with enclosure, regarding your
constituent, XXXXXX. Your correspondence was referred
to the Office of Federal Contract Compliance Programs (OFCCP) for
response.

OFCCP administers and enforces three equal employment opportunity

programs: Executive Order 11246, as amended; Section 503 of the
Rehabilitation Act of 1973, as amended; and the Vietnam Era
Veterans' Readjustment Assistance Act of 1974, as amended, 38
U.S.C. 4212. Taken together, these programs prohibit contractors
and subcontractors from discriminating on the bases of race,
color, religion, sex, national origin, handicap or veteran
status. These laws and their implementing regulations require
that a complaint be filed within 180 days from the alleged
discriminatory act.

The concerns your constituent expresses regarding Title III of

the Americans with Disabilities Act of 1990 are not within
OFCCP's jurisdiction. Title III is enforced by the Department of
Justice. Accordingly, we have referred your correspondence to
the official listed below for consideration:

Mr. John Wodatch

Director
Americans with Disabilities Act Unit
Coordination and Review Section
Civil Rights Division
U. S. Department of Justice
HOLC Building
320 First Street, N.W.
Washington, D.C. 20532

Thank you for your interest in this matter.

Sincerely,
Robert B. Greaux
Director
Division of Program Operations
cc: Washington, DC Office
01-01559​
BENTON, LA
July 1, 1992
Hon. Jim McCrery
United States Representative
621 Edwards Street
Shreveport, LA 71101
In re:
Dear Mr. McCrery:
I would like to call your attention to a situation that I am very
concerned about in connection with the Americans with Disabilities
Act. My daughter, is a disabled American, having
been injured in October of 1991 and is now paralyzed and in a
wheelchair. I have tried to become familiar with that Act and as
I understand Title III as it covers existing "places of public
accomodation", the alterations to a facility after January 26,
1992 shall be made so as to ensure that to the maximum extent
feasible the altered portions of the facility are readily accessible
to and usable by individuals with disabilities, including
individuals who use wheelchairs.

I have also read about the penalties for noncompliance. It is my

understanding that civil actions may be brought by individuals
who have been subjected to discrimination or who have reasonable
grounds for believing that he/she is "about to be subjected to"
discrimination. It is my understanding that the courts may grant
injunctive relief, award monetary damages as well as assess civil
penalties to the person aggrieved.

My daughter's situation involves the KMart store located at 3045

East Texas in Bossier City, Louisiana. I have shopped at Kmart
for many years. Since accident, I have tried, even when
I am alone, to only go to and buy from stores whose facilities
are easily accessible for handicapped/disabled people. Recently,
and I went shopping at Kmart and when we were ready to go
to pay for the merchandise, the space between the "check-out
stands" was not wide enough for her wheelchair to go through.
She had to hand me her merchandise and money to pay for her and
she had to back out of the line and go to the front of the store
to wait for me to pay. I have visited Kmart on two occasions
since that time, the last time being approximately one week ago.
01-01559​
On the first occasion, I only complained to the person checking
me out. On the last occasion, I asked the manager if he knew he
was in violation of the law. He said yes. I asked him why no
provisions had been made for a person who comes into the store to
shop, but cannot pay for his/her purchases. He said he knew it
should have been done, but he had no real explanation as to why
it had not been done. I further asked him if he thought my
daughter was the only person in Caddo/Bossier Parish in a wheelchair.
He acknowledged that was doubtful.

I have read several articles lately commending the national Kmart

and other corporations for utilizing disabled people in the
"mainstream" of their advertising. This was presented as a very
positive step for disabled people. I therefore find it baffling
that this local Kmart does not even have provisions for a disabled
person to pay for their purchases, especially when they are knowingly
in violation of Title III of the ADA.

I am asking for your assistance in providing me with the person

or agency to contact to file a complaint against Kmart. I
certainly appreciate your assistance in this matter. Since my
daughter is of the opinion that her disabilities should not stop
her from going to college next year, living alone, driving a car,
participating in a beauty pageant, and generally doing whatever
she wants to do, it is especially distressing to me that simple
steps cannot be taken by a major corporation to accomodate her
and others who have to use wheelchairs.

I will look forward to hearing from you or your representative

regarding this request. Thank you for your assistance in this
matter.
Yours very truly,

(b)(6)

/frc
cc: Manager - KMart, Bossier City
Mr. William H. Ledbetter, Jr.
Ms. Jan Elkins - KTBS TV
Kmart - Troy, Michigan
01-01559