DJ-202-PL-500

MAY 20 1993
Lee A. Barkan
General Counsel
American Vision Centers
90 John Street
New York, New York 10038

Dear Mr. Barkan:

This letter responds to your correspondence regarding the

application of the Americans with Disabilities Act (ADA) to face
lift modifications to an "American Vision Center" retail store in
Stratford Square Mall, Bloomingdale, Illinois.

The ADA authorizes the Department of Justice to provide

technical assistance and information to individuals and entities
who have questions about the Act or the Department's Standards
for Accessible Design. This letter provides informal guidance to
assist you in understanding and complying with the ADA. However,
this technical assistance should not be viewed as legal advice or
a legal opinion about your rights or responsibilities under the
ADA.

Section 36.304 of the title III regulations requires a

public accommodation to remove architectural barriers in existing
facilities where such removal is readily achievable. The
preamble (page 35568 of the enclosed document) explains that the
obligation to remove barriers under 36.304 does not extend to
areas of a facility that are used exclusively as employee work
areas.

When alterations to an area containing a primary function

are undertaken, section 36.403 requires that, in addition to each
altered element being accessible, the path of travel to the
altered area, including the restrooms, telephones, and drinking
fountains serving the altered area, must be readily accessible to
and usable by individuals with disabilities, unless the cost and
scope of the path of travel modifications are disproportionate to
the cost of the alteration.

cc: Records, Chrono, Wodatch, Breen, Harland, FOIA, Library

n:\udd\mercado\plcrtltr\barkan.ewh
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Alterations are defined as changes to a place of public

accommodation or a commercial facility that affect or could
affect the usability of the building or facility. Normal
maintenance, such as repainting, or changes to electrical or
mechanical systems, are not alterations (unless they affect the
usability of the building or facility) and do not trigger the
path of travel requirements.

Referring to your list of proposed face-lift modifications,

the replacement of carpeting would be considered an alteration.
The new carpeting would have to comply with section 4.5.3 of the
Americans with Disabilities Act Accessibility Guidelines (ADAAG)
and path of travel accessibility modifications within the limits
of disproportionality also would be required.

We hope this information is helpful to you. Please contact

the Public Access Section any time you have questions or need
information. The Department maintains a telephone information
line to provide technical assistance regarding the rights and
obligations of individuals, businesses, agencies, and others
covered or protected by the ADA. This technical assistance is
available by calling 202-514-0301 (voice) or 202-514-0383 (TDD)
between 1:00 p.m. and 5:00 p.m., Monday through Friday.

Sincerely,

John L. Wodatch
Chief
Public Access Section
Enclosures
AMERICAN VISION CENTERS
March 17, 1993
Via Certified Mail Return
Receipt Requested

John Wodatch, Esq.

Chief, Public Access Section
Civil Rights Division
P. 0. Box 66738
Washington, DC 20035-6738

Dear Mr. Wodatch:

On behalf of American Vision Centers, Inc. ("AVC"), and at the suggestion of

Ms. Sheila
Delaney of your office, I am writing to request a technical assistance opinion.

The Facts

There is presently an "American Vision Center" retail optical store in Stratford

Square Mall,
Bloomingdale, Illinois. AVC has been the tenant under the lease to the store since
1981, and has been
subletting the premises to one of its franchisees since 1987.

In 1991, when the lease was renewed, the landlord required that the store receive
a face-lift
to make it look cleaner and new. In accordance with the lease, the franchisee
retained a contractor to
perform the following work:

(1) Replace the mirrors on the storefront;

(2) Replace the plastic letters in the exterior store sign;

(3) Relaminate counter-tops and replace fluorescent bulbs where needed;

(4) Replace lay-in ceiling tiles and repaint grid;

(5) Replace fluorescent ceiling fixtures, per code;

(6) Provide a new air balance report on the HVAC unit;

(7) Repaint all the walls;

(8) Replace carpeting;

(9) Drain the fire sprinkler system and recharge when work is done; and

(10) Install a drain pan under the existing hot water heater.

As you can see, the store is not going to be altered in any way.
----------------------------------------------------------------------------------

John Wodatch, Esq.

March 17,1993
Page 2

When the plans for the face-lift were submitted to the Village of Bloomingdale
for approval,
the building commissioner refused to approve them. According to him, the ADA
requires that the
bathroom at the store be reconstructed to make it wheelchair accessible. Such
reconstruction is
cost prohibitive. It would require the moving of an entire wall.

I spoke with the building commissioner and explained that, based upon AVC's
reading of
the ADA, no such reconstruction is necessary.

The bathroom is not (nor has it ever been) available to the public. It is only used
by
employees of the franchisee.

The Bloomingdale building commissioner agreed to approve the plans, without a

reconstruction of the bathroom, provided he received letters from AVC and the
landlord
absolving him from any possible claim. Although AVC is willing to provide such a
letter, the
landlord refuses to become involved -- except to the extent of threatening eviction if
the face-lift
work is not done.

The Opinion Sought

I believe the Bloomingdale building commission will agree to approve the

tenant's plans
and will not insist upon a reconstruction of the bathroom, if AVC can present him
with a letter
from your division stating that such reconstruction is not mandated by the ADA.

Accordingly, on behalf of AVC, I hereby request that you provide AVC with a
technical
assistance opinion as to whether the bathroom at the store needs to be reconstructed
where the
only work scheduled to be performed at the premises is the face-lift work set forth
above.

Thank you very much for your assistance.

Very truly yours,

Lee A. Barkan
General Counsel
LAB:ca
cc: Seth R. Poppel
Mr. & Mrs. Joseph Farina