# 90


III-7.4200                                        June 17, 1993

DJ  202-PL-254


Robert L. Duston
Schmeltzer, Aptaker & Shepard, P.C.
2600 Virginia Avenue, N.W.
Suite 1000
Washington, D.C. 20037-1905

Dear Mr. Duston:

     I am writing in response to your July 17, 1992, letter on
behalf of your client, the International Mass Retail Association
(IMRA), concerning the Americans with Disabilities Act (ADA). 
This letter also responds to the issues raised in our meeting of
September 9, 1992.  I regret the delay in responding to your
inquiries.

     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 poses four hypothetical problems representative
of the concerns of IMRA in the design and construction of various
types of shopping malls and commercial complexes.  In the first
two examples, facilities are located some distance from public
roads and persons visiting the facilities park in parking lots
adjacent to the facilities.  In the third example, two facilities
are built on the same property and are separated by a shared
parking lot.  In the fourth example, several unrelated commercial
facilities are built in leased spaces on a parcel of land under
common ownership.  As we discussed in our September 9, 1992,
meeting, each of your examples questions the need for various
forms of an "accessible route," as defined in section 4.3 of the
Standards for Accessible Design (Standards), found at Appendix A
to the Department of Justice's regulation implementing title III
of the ADA.

     In general, the Standards require that an accessible route
must connect accessible public transportation stops, parking 
spaces, passenger loading zones, and public streets or sidewalks
to an accessible building entrance and that the accessible route
must coincide "to the maximum extent feasible" with the route for
the general public.  4.3.2(1).  Also, in general, accessible
buildings, facilities, elements, and spaces that are on the same
site must be connected by an accessible route.  4.3.2(2).  The
ADA, however, does not require the provision of an accessible
route in cases where there is no pedestrian route for the general
public.  For example, the Standards would not require that a
developer provide an accessible route between an accessible
entrance to a retail store and a major highway bordering the
site, if customers only have access to the store by driving to
the parking lot.  Similarly, where multiple accessible facilities
are built on the same site, an accessible route between the
facilities will be required only where a pedestrian route for the
general public exists between the multiple facilities or where
pedestrians typically walk between the facilities.

     Whether a route for the general public exists within a site
depends upon the unique characteristics of the site, including
its geography and proximity to public transportation stops. 
Factors such as the presence of sidewalks, crosswalks, or
significant pedestrian flow along a particular route should also
be considered in determining whether a route for the general
public exists.  Creation of special accessible routes along paths
not available to the general public is not required.

     Because barrier removal under the ADA is a continuing
obligation, an accessible route may need to be provided at a
later date, if a route for the general public develops or is
created, and the provision of an accessible route is readily
achievable.  For instance, if a new bus stop is established near
a site, an accessible route may have to be provided if
pedestrians commonly walk between the new bus stop and the
entrance to the facility.  Similarly, if a sidewalk or walkway is
provided between the facility and the new bus stop, an accessible
route may be required.

     Your letter recommends the establishment of a guideline that
no accessible route should be required to be longer than one-
quarter mile.  We believe, however, that an arbitrary limitation
of this nature would be inconsistent with the ADA.  Where a
pedestrian route for the general public exists, the ADA Standards
for Accessible Design require the provision of an accessible
route regardless of length.

     I have enclosed a copy of the Department's regulation
implementing title III and the Department's title III Technical
Assistance Manual.  I hope this information is useful to you.

                            Sincerely,



                           John Wodatch
                              Chief
                      Public Access Section

Enclosures  
     Title III regulation
     Title III Technical Assistance Manual