AUG 12 1993

The Honorable Thomas H. Andrews

Member, U.S. House of Representatives
136 Commercial Street
Portland, Maine 04101

Dear Congressman Andrews:

This letter is in response to your inquiry on behalf of

your constituent, XX , concerning the applicability of the
Americans with Disabilities Act ("ADA") to the costs of
interpreters at meetings and other events.

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 your constituent in understanding the
ADA's requirements. However, it does not constitute a legal
interpretation or legal advice, and it is not binding on the
Department of Justice.

Your constituent inquires as to whether deaf Individuals must pay

the additional costs associated with the provision of
interpreters for meetings where both deaf and hearing individuals
are present. Specifically, XX expresses concern
that the "continuance of this expense ( for the provision of
interpreters] remains a drag on the on-going efforts to encourage
deaf/hearing get-togethers."

The ADA requires that places of public accommodation provide

auxiliary aids and services, including qualified interpreters,
where such provision is necessary to ensure effective
communication with people with disabilities. The cost of such
services may not be financed by surcharges placed on particular
individuals, or groups of individuals, with disabilities.
Charges may, however, be spread out among all of the clients of a
place of public accommodation.

For example, while a doctor may not raise his fee

exclusively for an individual who requires an interpreter, the
doctor may raise his fee generally for all his patients, so that
the additional expense of providing an interpreter is covered.
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Similarly, while a place of public accommodation may neither

impose a surcharge solely on meeting participants who are deaf
nor charge a fee solely for those meetings where there will be
deaf attendees, the place of public accommodation could charge an
entrance fee for all its meetings, regardless of whether or not there
would be deaf participants, so that the expense of providing interpreters for
particular meetings would be covered. For information concerning the
provision of auxiliary aids and services under the ADA, see S 36.303 of
the enclosed title III regulation at pages 35597 and 35565-68. For
information concerning the prohibition on the imposition of surcharges, see
S 36.301 of the regulation at pages 35596 and 35564.

Some of the meetings your constituent refers to may be related to the

employment of a person with a disability and, therefore, would be
covered under title I of the ADA. Title I requires employers to make
reasonable accommodations for the known disability of an employee so that the
employee may function effectively in the work place. Such an accommodation may
include the provision of interpreter services at employment-related
meetings and similar events. For further information on
title I of the ADA, you may contact the Equal Employment Opportunity
Commission.

Although there is no provision in the ADA for government reimbursement

of the costs of providing interpreter services, there are a number of tax
credits and deductions available for expenses related to the provision of
accessibility services. These include the Targeted Jobs Tax Credit
(Title 26, Internal Revenue Code, Section 51) and the Disabled Access Tax
Credit (Title 26, Internal Revenue Code, Section 44). For further
information on these provisions, your constituent may contact the
Internal Revenue Service, Office of the Chief Counsel, P.O. Box 7604,
Ben Franklin Station, Washington D.C. 20044 (202) 566-3292
(voice only).
 I hope this information is helpful to you in responding to
your constituent. You may wish to inform your constituent that
further information is available through our Americans with Disabilities Act
Information Line at (202) 514-0301 (voice), (202) 514-0383 (TDD).

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures

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Maine Center on Deafness MCD

175 Lancaster Street

Suite 122
Portland, Maine 04101
(207) 761-2533 TDD/Voice

May 7, l993

Malory Otteson
Tom Andrews District Office
136 Commercial Street
Portland, Maine 04101

Dear Ms. Otteson:

Thank you for the opportunity to talk with you on the telephone on
Friday. You have been most helpful in the past, and I am wondering now if you
would be willing to check out one more thing for me.

As an advocate for the deaf I am trying, among other things, to

test the adequacy of the Americans With Disabilities Act (ADA) in
covering various needs of the deaf. In particular, at this time I am concerned
about the cost of interpreters. It is true that in various settings, under
the ADA, interpreters must be provided and paid for by people needing to
communicate with the deaf. However, there are also situations where the deaf, in
their meetings, need to hire and pay for interpreters themselves. This seems
to conflict with what I interpret to be the true intent of the ADA.

Please let me give an example: I am a volunteer for the Maine Center on

Deafness in Portland, Maine. As such, I have observed that at meetings
and gatherings attended by both bearing and deaf, there is always an extra
charge for the cost of interpreters. (A cost that is non-existent in meetings of
the hearing only.) Similarly, interpreters are needed at regular board
meetings as both hearing and deaf are board members.

Unless there is some way that interpreter costs can be recovered, the
continuance of this expense remains a drag on the on-going efforts to
encourage deaf/hearing get-togethers, and the spread of deaf awareness
in today's world. I would be grateful if your office would explore this
matter with the appropriate officials who are responsible for the mandates of
the ADA and let me know their advice and decisions. Thank you for your
help.

Sincerely,

XX

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