U.S.

Department of Justice
Civil Rights Division

MAY 6 1993

The Honorable Amo Houghton

Member, United States House of
Representatives
P.O. Box 908
Jamestown, New York 14702-0908

Dear Congressman Houghton:

This letter is in response to your inquiry on behalf of your

constituent, XXXXXXXX requesting information on the
requirements of the Americans with Disabilities Act (ADA) that
relate to the needs of individuals who are deaf or have hearing
impairments.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that are subject
to the Act. This letter provides informal guidance to assist you
in responding to your constituent. However, this technical
assistance does not constitute a determination by the Department
of Justice of your constituent's rights or responsibilities under
the ADA and does not constitute a binding determination by the
Department of Justice.

Title II of the ADA prohibits discrimination against

qualified individuals with disabilities by State and local
governmental entities. Section 35.160 (a) of this Department
regulation implementing title II (copy enclosed) specifically
requires such entities to ensure that their communication with
individuals with disabilities is as effective as communication
with others.

To accomplish this goal, public entities are required to

furnish appropriate auxiliary aids and services (such as sign
language interpreters) , and to give primary consideration to the
requests of individuals with disabilities in the selection of
such aids and services. See section 35.160(b) of the title II
 -2-

regulation, as discussed on pages 35 through 37 of the enclosed

title II Technical Assistance Manual. The ADA does not, however,
require a public entity to take any measures that would result in
a fundamental alteration in the nature of its programs, services,
or activities or in undue financial and administrative burdens.
See section 35.164 of the title II regulation.

If effective communication can be accomplished through other

methods, title II does not require, as your constituent seems to
assume, that all existing public facilities be equipped with
special sound systems. Newly constructed or altered facilities
are, however, subject to requirements related to assistive
listening systems. At present, public entities have a choice of
following the requirements for such systems set forth in either
the Uniform Federal Accessibility Standards (UFAS) or in the ADA
Accessibility Guidelines (Guidelines), which are located at
Appendix A to this Department's title III regulation (copies
enclosed).

Please note, however, that the Architectural and

Transportation Barriers Compliance Board has issued a proposed
regulation that would amend the Guidelines to include standards
applicable to a variety of title II facilities. It is
anticipated that the Department of Justice will, after notice and
comment, adopt the proposed amendment as the standard for title
II entities. At such time, title II entities will be required to
use the revised Guidelines for new construction and alterations,
and will no longer have the option of following UFAS.

With respect to sign language interpreters, the ADA only

requires the use of interpreters when necessary to ensure
effective communication. Therefore, interpreters are not
required to be present at all meetings of a governmental entity.
If, for example, an individual with a hearing impairment prefers
to use an assistive listening system, an interpreter would not be
required. It is important, however, for each governmental entity
to establish efficient procedures for obtaining interpreter
services when needed, because, as your constituent points out,
the supply of interpreters within a given geographic area may be
limited.

The cost of all assistive listening systems, interpreters,

and any other expenses required to meet ADA requirements are the
responsibility of the State or local government and may not be
passed along to any individual or group of individuals with
disabilities. (The ADA does not, however, require such entities
to purchase personal aids and devices such as hearing aids.) See
sections 35,130(f) and 35.135 of the title II regulation.

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We appreciate your constituent's comments regarding the

importance of good lighting and good speech-making practices.
Although these issues are beyond the scope of our regulations, we
will certainly keep them in mind in our future technical
assistance efforts.

I hope this information will be useful to your constituent.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures (3)