AUG 16 1996




The Honorable Harry Johnston
Member, U.S. House of Representatives
1501 Corporate Drive
Suite 250
Boynton Beach, Florida 33426

Dear Congressman Johnston:

        This is in response to document number DF, an inquiry on
behalf of your constituent, Mr. XX           . Mr. XX
inquired about provisions for visually impaired patrons in
several theaters for performing arts.

        Title II of the Americans with Disabilities Act of 1990
(ADA) requires a State or local government program or service,
such as a public theater, to ensure that its communications with
individuals with disabilities are as effective as communications
with others.

        Similarly, title III of the ADA requires a public
accommodation, such as a theater that is privately owned and
operated, to provide auxiliary aids and services necessary to
ensure equal access to the services that it offers. Those
auxiliary aids and services must ensure effective communication
with persons with disabilities.

        Both title II and title III require covered entities to
ensure effective communication with the participants in their
programs or services, unless doing so would cause a fundamental
alteration of the program or service or would result in an undue
burden.

        In addition, both title II and title III require covered
entities to reasonably modify their policies, practices, or
procedures when such modifications are necessary to afford their
services to people with disabilities. Such reasonable

cc: Records Chrono Wodatch Hill McDowney Conway FOIA
    N:\UDD\BERGER\CONGRESS\JOHNSTON\secy.johnson


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                                     - 2 -

modifications are required unless they would fundamentally alter
the nature of the services offered.

        Enclosed, please find the Department of Justice regulations
implementing title II and title III. I hope this information
will be of assistance to you in responding to Mr. XX

                                        Sincerely,

                                     Deval L. Patrick
                                Assistant Attorney General
                                   Civil Rights Division

Enclosures

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                        XX


                                      june 24, 1996


Hon. Harry Johnston
1501 Corporate Drive
Suite 250
Boynton Beach, Fl. 33426

Dear Congressman Johnston,

I am a resident of Broward Country and am visually impaired.
I have attempted many times to buy tickets at the Broward
County Center for the Performing Arts and at the Parker
Playhouse, but am informed each time that no provisions are
made for visually handicapped people; all seats are sold
on a first come first served basis, with special consider-
ation for season ticket holders.

I believe that this is a direct violation of the federal
law Americans with Disabilities Acr, which mandates that
special consideration be given to citizens with disabili-
ties.

I would appreciate it if you would please advise me what
action you can take to remedy this unfair situation.

Yours very truly,

XX


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