XX

MAR 23 1993

(b)(6)
San Antonio, Texas 78212

Dear XX

I am writing in further response to your March 31, 1992,

letter requesting information about the Americans with
Disabilities Act (ADA).

The ADA authorizes the Department of Justice 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's requirements;
however, it does not constitute a legal interpretation and it is
not binding on the Department.

Your letter requests guidance in determining whether your

organization, the Eastern Star Chapters, is exempt as a "private
club" under Section 307 of the ADA. Your letter also states that
this organization intends to meet occasionally in a two-story
brick building.

In general, the ADA requires places of public accommodations

to remove access barriers, such as entrance steps or stairs,
where such removal is "readily achievable." The ADA defines
readily achievable to mean easily accomplishable without much
difficulty or expense. A number of factors are considered in
determining whether barrier removal is readily achievable,
including the nature and cost of the action required and the size
and resources of the business involved.

Section 307 of the ADA exempts "private clubs" from the

ADA's requirements. The Department's implementing regulation, 28
C.F.R. pt. 36 (enclosed), defines a private club as a "private
club or establishment exempted from coverage under title II of
the Civil Rights Act of 1964." 28 C.F.R. 36.104. Courts have
considered a number of factors in determining whether a private
entity qualifies as a private club under title II, including the
degree of member control of the club's operations, the
selectivity of the membership selection process, whether
substantial membership fees are charged, whether the entity is
cc: Records, Chrono, Wodatch, Bowen, Nakata, FOIA, XX
Udd:Nakata:202.PL.237. (b)(6)

01-01965

-2-

operated on a nonprofit basis, the extent to which the facilities

are open to the public, the degree of public funding, and whether
the club was created specifically to avoid compliance with the
Civil Rights Act. Even if a private entity is exempt as a
"private club" under the ADA, however, the entity's facilities
are still subject to the requirements of the ADA to the extent
that such facilities are made available for use by nonmembers as
places of public accommodation. 56 Fed. Reg. 35552-53 (1991).

I have enclosed a copy of the Department's Title III

Technical Assistance Manual, which may further assist you in
understanding your obligations under the ADA. Private clubs are
discussed at pages 5-6 of the manual. I hope this information is
useful to you.

Sincerely,

L. Irene Bowen
Deputy Director
Public Access Section

Enclosures (2)
Title III Technical Assistance Manual
Title III regulation
01-01966

United States
Architectural and Transportation Barriers Compliance Board

1331 F Street, NW Suite 1000 Washington, DC 20004-1111 202-272-5434 (V/TDD

FAX

202-272-5447

JUN (ILLEGIBLE), 1992

Mr. John Wodatch

Director
Office on the American with Disabilities Act
Civil Rights Division
U.S. Department of Justice
Washington, DC 20530

Dear Mr. Wodatch:

Please find enclosed four letters addressed to the Access Board requesting
assistance regarding the ADA. It is our opinion that they address issues more
appropriately under the purview of the Department of Justice.

Please respond directly to the parties requesting assistance. We have

notified them that we have forwarded their inquiries to your office.

Sincerely,

Marsha K. Mazz
Technical Assitance Coordinator

Enclosures
 The Access Board
(b)(6)
01-01967
(HANDWRITTEN)
(b)(6)
SAN ANTONIO, TEXAS 78212
XX

March 31, 1992

Architectural Barriers and Compliance Board

Suite 501
111 18th St. N.W.
Washington, DC 20036-3894

Gentlemen:

Reference section 307 of the "Americans with

Disabilities Act of 1990", please let me know
if Eastern Star Chapters meeting in a two I believe Eastern Star

story brick building are exempt from provisions and Masonic

organizations
of said Act. Each Chapter meets on are exempt under
different days and times. Private "Clubs" 503(ILLEGIBLE) of this
code

Do they not come under said section 307

and are exempt from the Act?

I certainly agree that anyone with a disability

should be provided for to the extent of laws
but was interested to see if the said law
exempted disabilities.

May I hear from you?

Thank You
 Sincerely,

(b)(6)

01-01968

T. 7-13-92
JUL 14 1992

(b)(6)
San Antonio, Texas 78212

Dear XX

The Civil Rights Division of the Department of Justice has

received your request for an interpretation of the Americans with
Disabilities Act (ADA). The ADA authorizes the Department of
Justice to provide technical assistance to entities that have
rights or responsibilities under the Act. The Civil Rights
Division will treat your inquiry as a request for technical
assistance and will provide informal guidance to you. However,
because of the large volume of requests for interpretations of
the ADA, we are unable to answer your letter at this time.

Please be assured that the Division will respond to your

letter expeditiously. We regret any inconvenience caused by our
delay in responding and have enclosed for your information two
documents on the ADA: "Title II Highlights" and "Title III
Highlights."

Sincerely,

L. Irene Bowen
Deputy Director
Office on the Americans with Disabilities Act
 Civil Rights Division

Enclosures

: Records, Chrono, Wodatch, Bowen, Nakata

d:mercado:policy.letters.acknowl:bowen.plack.(b)(6)

01-01969