OCT 28 1992

The Honorable Jim Saxton

Member, U.S. House of Representatives
1 Maine Avenue
Cherry Hill, New Jersey 08002

Attention: Dee Denton

Dear Congressman Saxton:

This letter responds to your inquiry on behalf of (b)(6)

requesting information on the applicability
of the Americans with Disabilities Act (ADA) to the Merchantville
Community Center.

The Americans with Disabilities Act 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 provisions. However, it
does not constitutes a legal interpretation, and it is not
binding on the Department.

It is not possible for us to determine, from the information

your constituents have provided, what provisions of the ADA may
apply to this facility. We are enclosing copies of the
Department's regulations and Technical Assistance Manuals for
both title III, which applies to public accommodations (as
defined in the Act and the regulations), and title II, which
applies to state and local government activities. There are
different standards and provisions under the two different
titles.

We recommend that your constituents review the enclosed

information, and determine whether either of these titles applies
to the Community Center. They may then proceed to remedy any
violations in the manner described under the "Enforcement"
section at the end of each Manual. I should note that there are
different procedures for each title.

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

:udd:jonessandra;ada.saxton1
01-01679
 -2-
I hope this information assists you in responding to your
constituent.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division

Enclosures (4)

01-01680
 AUG 27 1992

August 25, 1992

Congressman James H. Saxton

1 Maine Avenue
Cherry Hill, New Jersey

Dear Honorable Congressman Saxton:

My wife and I are writing to you with regard to the

Merchantville Community Center and its lack of handicap
facilities.

(b)(6) and myself belong to the Merchantville

Assembly and have occasion to rent the Merchantville Com-
munity Center four (4) times a year. Our concern is that
there are three (3) members of our assembly who are handi-
capped, and the Community Center does not have any handi-
cap facilities, i.e., lavatory and entrance.

For the past year, I have been in communication with

the Community Center authorities, and have asked them to
seriously consider installing a wheel chair entrance. I
have had no success with my request.

We are writing to you to ask for your intervention on

our behalf. Any assistance you can give us with this en-
deavor will be greatly appreciated.

Sincerely,

(b)(6)

Cherry Hill, New Jersey 08003

01-01681