JUN 30 1992

DJ 202-PL-88

Jack L. Hockel, D.D.S.
2651 Oak Grove Road
Walnut Creek, California 94598

Dear Dr. Hockel:

     This is in response to your letter requesting information
about the Americans with Disabilities Act (ADA).

     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.

     You inquire about your obligations under the ADA in
connection with your operation of a dental practice in an old
home that has five steps to the entrance. You state that
installing a ramp would affect the beauty and historicity and
that installing a lift would be too expensive.

     The ADA requires places of public accommodations, such as
your dental office, to remove access barriers, such as the
entrance steps, where such removal is "readily achievable." The
ADA defines readily achievable to mean easily accomplishable
without much difficulty or expense. A number of factors are
considered in determining whether barrier removal is readily
achievable including the nature and cost of the action required
and the size and resources of the business involved.

     Barrier removal is not considered readily achievable if it
would threaten or destroy the historic significance of a building
or facility that is eligible for listing in the National Register
of Historic Places or is designated as historic under State or
local law. In many circumstances, providing access to a historic
building will not threaten or destroy its historic significance.

cc: Records Chrono Wodatch Magagna.pl.88 FOIA Library
    arthur T. 6/29/92

01-00983
                              - 2 -

     If removal of a particular barrier is not readily
achievable, health care providers must take alternative measures
to make their services available to persons with disabilities as
long as these alternative steps are themselves readily
achievable. Such alternative measures might include providing
services in a different location or making home visits.

     The obligation to remove barriers is a continuing one. So,
for example, if a particular barrier cannot be removed at this
time because of financial considerations, but the financial
picture subsequently improves, the barrier must then be removed
when it becomes readily achievable to do so.

     I have enclosed a copy of the Department's recently
published Title III Technical Assistance Manual which may further
assist you in understanding your obligations under the ADA. I
hope this information is useful to you.

                              Sincerely,

                              Joan A. Magagna
                              Deputy Director
               Office on the Americans with Disabilities Act

Enclosure

01-00984

                          JACK L HOCKEL D D S
February 21, 1992        DAVID N. ARNOLD D.D.S.
                         BRIAN J. HOCKEL D.D.S.

Civil Rights Division
Office on the Americans with Disabilities Act
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

To Whom It May Concern:

I am interested in clarifying my responsibilities under the
Americans with Disabilities Act. I own a dental office
which is located in an historic old home. I have had a
dental practice here since 1981. There is no ramp or
elevator to help people in wheelchairs up the five steps
to our front entrance porch (photo enclosed). Am I
responsible to construct a ramp (which would affect the
beauty and historicity) or install a lift (which would
be prohibitively expensive at about $11,000)?

Thank you for an early reply.

Sincerely,

Jack L. Hockel, D.D.S.
                                          MAY 16 1992

     2651 OAK GROVE ROAD * WALNUT CREEK, CALIFORNIA 94598 * (415) 934-3434

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