# 162



III-4.4200


                                             March 3, 1995









The Honorable James M. Inhofe
United States Senator
1924 S. Utica
Suite 530
Tulsa, Oklahoma  74104

Dear Senator Inhofe:

     This letter is in response to your inquiry on behalf of your
constituent, XXXXXXXXXXXXXXXX, who has questions about the
Americans with Disabilities Act (ADA).  

     XXXXXXXXXXXXX states that he is XXXXXXXXX of the Tulsa
Bicycle Club and is involved in planning of the Oklahoma Free
Wheel cross-state bicycle tour.  The planners are seeking to
provide portable shower and toilet facilities along the 450-mile
tour route for the 2,000 bicyclists expected to participate. 
According to XXXXXXXXXXXXX, a desirable option is hiring a
company that provides flatbed-mounted trucks with showers and
toilets.  XXXXXXXXXXXXX is concerned that providing "handicapped
accessible" shower and toilet facilities will be prohibitively
expensive.  He asks whether the ADA requires accessible
facilities in this circumstance, especially as none of the
participants has a disability requiring accessible shower and
toilet facilities.

     Title III of the ADA places obligations on public
accommodations, including private entities that operate places of
exercise or recreation.  The bicycle tour arguably falls within
this category.  The ADA does not require public accommodations to
lease only accessible facilities.  However, they do have an
obligation to remove barriers to access where it is readily
achievable to do so, that is, easy to accomplish without much
difficulty or expense.  If it is not readily achievable to remove
barriers, other steps must be taken to provide access, if such
alternatives are readily achievable. 

     In the circumstances described here, the tour is not
prohibited from leasing an inaccessible truck with showers or
toilets, and it may not be readily achievable to provide access
to the truck.  We are assuming that the toilets and showers are
available for the exclusive use of the bicyclists, none of whom,
according to XXXXXXXXXXXXX, will require accessible facilities. 
Accordingly, no alternative steps to barrier removal would be
required.

     I hope this information will be helpful to you in responding
to your constituent.

                                   Sincerely,




                                Deval L. Patrick
                           Assistant Attorney General
                             Civil Rights Division