DJ 202-PL-115

AUG 28, 1992

XXXX(b)(6)
 Xxtree XX
Tacoma, Washington

Dear Ms. XXXX(b)(6)
        This letter is in response to your inquiry 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 or legal
advice, and it is not binding on the Department.

        You have asked whether the ADA would require an amateur
clown who performs in facilities such as nursing homes to provide
a sign language interpreter for the performance. You have also
asked whether the ADA covers persons with mental disabilities.

        The ADA places responsibility for providing access to
persons with disabilities, including the provision of
interpreters to deaf individuals, on any private entity that
owns, leases from or to, or operates a place of public
accommodation. The twelve categories of places of public
accommodations are listed and discussed on page 35551 of the
enclosed title III regulation. A nursing home is considered a
place of public accommodation, and, as such, must provide
auxiliary aids, including sign language interpreters where
necessary to afford effective communication, unless to do so
would fundamentally alter the nature of the performance or would
be an undue burden on the nursing home.

        A performer or performing group, however, is not by itself
considered a place of public accommodation under the ADA.
Therefore, a performer will be responsible for providing
auxiliary aids, or any other access to persons with disabilities,
only if he or she leases from the place of public accommodation
in which he or she performs. If a clown were to perform in a
nursing home, the clown would have no ADA responsibilities unless
he or she leased from the nursing home for the performance.

cc: Records, Chrono, Wodatch, Novich, FOIA, Library
    Udd:Novich:Policy.PL.115.1tr
01-01455
                                - 2 -
        In response to your second question, the ADA's ban against
discrimination protects individuals with mental as well as
physical disabilities. The enclosed regulations define a
"disability" as including a "mental impairment that substantially
limits one or more of the major life activities." See page 35548
for this discussion. I have also enclosed a Title III Technical
Assistance Manual, which provides further discussion of the ADA
requirements for public accommodations.

        I hope this information will be useful to you in
understanding the ADA.
                                        Sincerely,

                                        John L. Wodatch
                                          Director
                        Office on the Americans Disabilities Act
Enclosures (2)
Title III regulations
Title III Technical Assistance Manual
01-01456