NOV 18

The Honorable Ron Wyden

United States Senator
500 NE Multnomah Street
Suite 320
Portland, Oregon 97232

Dear Senator Wyden:

I am responding to your inquiry on behalf of your

constituent, Mr. XXX of XXX , Oregon, who
wrote to you about alleged discrimination on the basis of
disability at the International Air Academy (Academy) in
Vancouver, Washington. Please excuse our delay in responding.

The Americans with Disabilities Act of 1990 (ADA) and

section 504 of the Rehabilitation Act of 1973 (section 504), as
amended, may apply to the allegation raised by Mr. XXX . Title
III of the ADA prohibits places of public accommodation such as
the Academy from discriminating on the basis of disability.
Title III offers a variety of remedies for individuals who
believe their rights under that statute have been violated. It
provides for a private right of action, and Mr. XXX may wish
to consult with a private attorney if he is interested in
pursuing this option.

In addition to filing a private suit, there are a number of

avenues that your constituent may pursue to resolve this matter,
including consulting State or local authorities, disability
rights organizations, or organizations that provide alternative
dispute resolution services (such as mediation or negotiation).
We have enclosed a list of organizations in Oregon and
Washington. One of these groups may be able to assist
Mr. XXX . A State or local bar association may be able to
provide the names of private attorneys or mediation services that
handle disability rights matters. The mediation process and
information on securing a local mediator are summarized in the
enclosed brochure "Want to Resolve Your ADA Complaint? Consider
Mediation."

CC: RECORDS; CHRONO; WODATCH; TALIAN; MCDOWNEY; FOIA

H:\JTALIAN\MYFILES\CONGRESS\OKREFER.504.WPD

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 Title III also authorizes the Department of Justice to
investigate alleged violations of the Act by public
accommodations and commercial facilities. 42 U.S.C.
S 12188 (b) (1) (A). In this respect, staff of the Disability
Rights Section, Civil Rights Division, have reviewed
Mr. XXX complaint. We determined that the Academy is
approved to participate in the Federal education loan program
administered by the Department of Education. This arrangement
subjects the Academy to coverage by section 504, because of its
status as a recipient of Federal financial assistance from the
Department of Education.

When both title III and section 504 apply to a complaint, we

frequently refer the complaint for processing by the agency with
section 504 jurisdiction. This results from the fact that the
Department has received several thousand complaints about
potential ADA title III violations, and we do not have unlimited
resources to investigate each of the complaints that we receive
and attempt to resolve them informally. Additionally, we do not
investigate each complaint that we receive for the purposes of
bringing litigation. The Department may seek judicial relief
only in instances where there appears to be a pattern or practice
of discrimination or where an issue of general public importance
is involved. The Department does not act as an attorney for, or
representative of, an individual.

For these reasons, we have referred Mr. XXX complaint

to the Department of Education for processing under section 504
(Enclosure). Mr. XXX also has a private right of action
pursuant to section 504, which generally offers relief similar to
that available under the ADA. The address for the Department of
Education to which we referred Mr. XXX complaint is:

Mr. Gary D. Jackson

Office for Civil Rights/ED
915 Second Avenue
Room 3310, 10-9010
Seattle, Washington 98174-1099
Telephone (206) 220-7880
FAX (206) 220-7887; TDD (206) 220-7907

If Mr. XXX has additional questions or seeks to provide

additional information, he should contact the Department of
Education at the address listed above. If Mr. XXX has
questions about the ADA or section 504, he may call the
Department of Justice ADA information line (800-514-0301 (voice)
or 800-514-0383 (TDD) ). Members of the Disability Rights Section
staff are available to answer questions on the information line
on Monday, Tuesday, Wednesday, and Friday from 10:00 a.m. to
6:00 p.m., Eastern time. On Thursday, the information line is
staffed from 1:00 p.m. to 6:00 p.m.

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I hope this information is useful in responding to your

constituent.

Sincerely,

Isabelle Katz Pinzler

Acting Assistant Attorney General
Civil Rights Division

Enclosures