U.S.

Department of Justice

Civil Rights Division

T. 4/22/92
JLW:LIB:PLB:HJB:jfh
Washington, D.C. 20530

Mr. xx(b)(6)
XX
Sodus Point, New York XX

Dear Mr. XX

This letter responds to your correspondence requesting

information about the Americans with Disabilities Act (ADA). In
your letter you note that because of the short-term memory loss
resulting from your head injury, it was necessary for you to tape
record the November 2, 1991, meeting of the board of directors of
the New York State Head Injury Association, and that this
accommodation was denied to you.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals or 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.

Entities covered by either title II (State and local

government) or title III (public accommodations and commercial
facilities) of the ADA are required to make their programs and
activities accessible to individuals with disabilities. As noted
by S 36.302 of the title III regulation issued by the Department
of Justice, "[a] public accommodation shall make reasonable
modifications in policies, practices, and procedures when . . .
necessary to afford . . . services, . . . to individuals with
disabilities, unless the public accommodation can demonstrate
that making the modifications would fundamentally alter the
nature of the . . . service . . . ." 28 C.F.R. S 36.302(a). Similar
language may be found in the title II regulation. 28 C.F.R.
S 35.130(b) (3) (ii).

The ADA was not yet in effect at the time of the November 2,
1991, meeting. Both title II and title III of the Americans with
Disabilities Act (ADA) took effect on January 26, 1992. However,
if the New York State Head Injury Association received Federal
financial assistance, it would be required to conform to section
504 of the Rehabilitation Act of 1973. The obligations under
section 504 are similar to those under the ADA.

cc: Records; OADA; Wodatch; Bowen; Breen; Beard; Arthur

01-00759

-2-

If you wish to file a complaint concerning the November 2,

1991, incident, you should contact the Office for Civil Rights of
the United States Department of Education, which has jurisdiction
over alleged violations of section 504 by grantees of the
Department of Education.

We hope that this information is useful to you in evaluating

your rights under the ADA.

Sincerely,

Philip L. Breen
Special Legal Counsel
Office on the Americans with Disabilities Act

01-00760