From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
telephones, and drinking fountains serving the altered area are
not disproportionate to the overall alterations in terms of cost
and scope (as determined under criteria established by the
Attorney General).
     (C) Required cooperation. It shall be considered
discrimination for purposes of section 202 of this Act and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for
an owner, or person in control, of a station governed by
subparagraph (A) or (B) to fail to provide reasonable cooperation
to a responsible person with respect to such station in that
responsible person s efforts to comply with such subparagraph. An
owner, or person in control, of a station shall be liable to a
responsible person for any failure to provide reasonable
cooperation as required by this subparagraph. Failure to receive
reasonable cooperation required by this subparagraph shall not be
a defense to a claim of discrimination under this Act.
SEC. 243. CONFORMANCE OF ACCESSIBILITY STANDARDS.
     Accessibility standards included in regulations issued under
this part shall be consistent with the minimum guidelines issued
by the Architectural and Transportation Barriers Compliance Board
under section 504(a) of this Act.
SEC. 244. REGULATIONS.
     Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall issue regulations, in
an accessible format, necessary for carrying out this part.
SEC. 245. INTERIM ACCESSIBILITY REQUIREMENTS.
     (a) Stations. If final regulations have not been issued
pursuant to section 244, for new construction or alterations for
which a valid and appropriate State or local building permit is
obtained prior to the issuance of final regulations under such
section, and for which the construc tion or alteration authorized
by such permit begins within one year of the receipt of such
permit and is completed under the terms of such permit,
compliance with the Uniform Federal Accessi bility Standards in
effect at the time the building permit is issued shall suffice to
satisfy the requirement that stations be readily accessible to
and usable by persons with disabilities as required under section
242(e), except that, if such final regulations have not been
issued one year after the Architectural and Transportation
Barriers Compliance Board has issued the supplemental minimum
guidelines required under section 504(a) of this Act, compliance
with such supplemental minimum guidelines shall be necessary to
satisfy the requirement that stations be readily accessible to
and usable by persons with disabilities prior to issuance of the
final regulations.
     (b) Rail Passenger Cars. If final regulations have not been
issued pursuant to section 244, a person shall be considered to
have complied with the requirements of section 242 (a) through
(d) that a rail passenger car be readily accessible to and usable
by individuals with disabilities, if the design for such car
complies with the laws and regulations (including the Minimum
Guidelines and Requirements for Accessible Design and such
supplemental minimum guidelines as are issued under section
504(a) of this Act) governing accessibility of such cars, to the
extent that such laws and regulations are not inconsistent with
this part and are in effect at the time such design is
substantially completed.
SEC. 246. EFFECTIVE DATE.
     (a) General Rule. Except as provided in subsection (b), this
part shall become effective 18 months after the date of enactment
of this Act.
     (b) Exception. Sections 242 and 244 shall become effective
on the date of enactment of this Act.
    TITLE III PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY 
                        PRIVATE ENTITIES
SEC. 301. DEFINITIONS.
     As used in this title:
     (1) Commerce. The term  commerce  means travel, trade,
traffic, commerce, transpor tation, or communication 
     (A) among the several States;
     (B) between any foreign country or any territory or
possession and any State; or
     (C) between points in the same State but through another
State or foreign country.
     (2) Commercial facilities. The term  commercial facilities 
means facilities 
     (A) that are intended for nonresidential use; and
     (B) whose operations will affect commerce.
     Such term shall not include railroad locomotives, railroad
freight cars, railroad cabooses, railroad cars described in
section 242 or covered under this title, railroad rights-of-way,
or facilities that are covered or expressly exempted from
coverage under the Fair Housing Act of 1968 (42 U.S.C. 3601 et
seq.).
     (3) Demand responsive system. The term  demand responsive
system  means any system of providing transportation of
individuals by a vehicle, other than a system which is a fixed
route system.
     (4) Fixed route system. The term  fixed route system  means
a system of providing transportation of individuals (other than
by aircraft) on which a vehicle is operated along a prescribed
route according to a fixed schedule.
     (5) Over-the-road bus. The term  over-the-road bus  means a
bus characterized by an elevated passenger deck located over a
baggage compartment.
     (6) Private entity. The term  private entity  means any
entity other than a public entity (as defined in section 201(1)).
     (7) Public accommodation. The following private entities are
considered public accom modations for purposes of this title, if
the operations of such entities affect commerce 
     (A) an inn, hotel, motel, or other place of lodging, except
for an establishment located within a building that contains not
more than five rooms for rent or hire and that is actually
occupied by the proprietor of such establishment as the residence
of such proprietor;
     (B) a restaurant, bar, or other establishment serving food
or drink;
     (C) a motion picture house, theater, concert hall, stadium,
or other place of exhibition or entertainment;
     (D) an auditorium, convention center, lecture hall, or other
place of public gathering;
     (E) a bakery, grocery store, clothing store, hardware store,
shopping center, or other sales or rental establishment;
     (F) a laundromat, dry-cleaner, bank, barber shop, beauty
shop, travel service, shoe repair service, funeral parlor, gas
station, office of an accountant or lawyer, pharmacy, insurance
office, professional office of a health care provider, hospital,
or other service establishment;
     (G) a terminal, depot, or other station used for specified
public transportation;
     (H) a museum, library, gallery, or other place of public
display or collection;
     (I) a park, zoo, amusement park, or other place of
recreation;
     (J) a nursery, elementary, secondary, undergraduate, or
postgraduate private school, or other place of education;
     (K) a day care center, senior citizen center, homeless
shelter, food bank, adoption agency, or other social service
center establishment; and
     (L) a gymnasium, health spa, bowling alley, golf course, or
other place of exercise or recreation.
     (8) Rail and railroad. The terms  rail  and  railroad  have
the meaning given the term  railroad  in section 202(e) of the
Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).
     (9) Readily achievable. The term  readily achievable  means
easily accomplishable and able to be carried out without much
difficulty or expense. In determining whether an action is
readily achievable, factors to be considered include 
     (A) the nature and cost of the action needed under this Act;
     (B) the overall financial resources of the facility or
facilities involved in the action; the number of persons employed
at such facility; the effect on expenses and resources, or the
impact otherwise of such action upon the operation of the
facility;
     (C) the overall financial resources of the covered entity;
the overall size of the business of a covered entity with respect
to the number of its employees; the number, type, and location of
its facilities; and
     (D) the type of operation or operations of the covered
entity, including the composi tion, structure, and functions of
the workforce of such entity; the geographic separateness,
administrative or fiscal relationship of the facility or
facilities in question to the covered entity.
     (10) Specified public transportation. The term  specified
public transportation  means transportation by bus, rail, or any
other conveyance (other than by aircraft) that provides the
general public with general or special service (including charter
service) on a regular and continuing basis.
     (11) Vehicle. The term  vehicle  does not include a rail
passenger car, railroad locomotive, railroad freight car,
railroad caboose, or a railroad car described in section 242 or
covered under this title.
SEC. 302. PROHIBITION OF DISCRIMINATION BY PUBLIC ACCOMMODATIONS.
     (a) General Rule. No individual shall be discriminated
against on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges,
advantages, or accommoda tions of any place of public
accommodation by any person who owns, leases (or leases to), or
operates a place of public accommodation.
     (b) Construction. 
     (1) General prohibition. 
     (A) Activities. 
     (i) Denial of participation. It shall be discriminatory to
subject an individual or class of individuals on the basis of a
disability or disabilities of such individual or class, directly,
or through contractual, licensing, or other arrangements, to a
denial of the opportunity of the individual or class to
participate in or benefit from the goods, services, facilities,
privileges, advantages, or accommodations of an entity.
     (ii) Participation in unequal benefit. It shall be
discriminatory to afford an individual or class of individuals,
on the basis of a disability or disabilities of such individual
or class, directly, or through contractual, licensing, or other
arrangements with the opportunity to participate in or benefit
from a good, service, facility, privi lege, advantage, or
accommodation that is not equal to that afforded to other
individu als.
     (iii) Separate benefit. It shall be discriminatory to
provide an individual or class of individuals, on the basis of a
disability or disabilities of such individual or class, directly,
or through contractual, licensing, or other arrangements with a
good, service, facility, privilege, advantage, or accommodation
that is different or separate from that provided to other
individuals, unless such action is necessary to provide the
individual or class of individuals with a good, service,
facility, privilege, advantage, or accom modation, or other
opportunity that is as effective as that provided to others.
     (iv) Individual or class of individuals. For purposes of
clauses (i) through (iii) of this subparagraph, the term
 individual or class of individuals  refers to the clients or
customers of the covered public accommodation that enters into
the contractual, licensing or other arrangement.
     (B) Integrated settings. Goods, services, facilities,
privileges, advantages, and accommodations shall be afforded to
an individual with a disability in the most integrated setting
appropriate to the needs of the individual.
     (C) Opportunity to participate. Notwithstanding the
existence of separate or different programs or activities
provided in accordance with this section, an individual with a
disability shall not be denied the opportunity to participate in
such programs or activities that are not separate or different.
     (D) Administrative methods. An individual or entity shall
not, directly or through contractual or other arrangements,
utilize standards or criteria or methods of administra tion 
     (i) that have the effect of discriminating on the basis of
disability; or
     (ii) that perpetuate the discrimination of others who are
subject to common administrative control.
     (E) Association. It shall be discriminatory to exclude or
otherwise deny equal goods, services, facilities, privileges,
advantages, accommodations, or other opportunities to an
individual or entity because of the known disability of an
individual with whom the individual or entity is known to have a
relationship or association.
     (2) Specific prohibitions. 
     (A) Discrimination. For purposes of subsection (a),
discrimination includes 
     (i) the imposition or application of eligibility criteria
that screen out or tend to screen out an individual with a
disability or any class of individuals with disabilities from
fully and equally enjoying any goods, services, facilities,
privileges, advantages, or accommodations, unless such criteria
can be shown to be necessary for the provi sion of the goods,
services, facilities, privileges, advantages, or accommodations
being offered;
     (ii) a failure to make reasonable modifications in policies,
practices, or procedures, when such modifications are necessary
to afford such goods, services, facilities, privileges,
advantages, or accommodations to individuals with disabilities,
unless the entity can demonstrate that making such modifications
would fundamentally alter the nature of such goods, services,
facilities, privileges, advantages, or accommodations;
     (iii) a failure to take such steps as may be necessary to
ensure that no individual with a disability is excluded, denied
services, segregated or otherwise treated differ ently than other
individuals because of the absence of auxiliary aids and
services, unless the entity can demonstrate that taking such
steps would fundamentally alter the nature of the good, service,
facility, privilege, advantage, or accommodation being offered or
would result in an undue burden;
     (iv) a failure to remove architectural barriers, and
communication barriers that are structural in nature, in existing
facilities, and transportation barriers in existing vehicles and
rail passenger cars used by an establishment for transporting
individuals (not including barriers that can only be removed
through the retrofitting of vehicles or rail passenger cars by
the installation of a hydraulic or other lift), where such
removal is readily achievable; and
     (v) where an entity can demonstrate that the removal of a
barrier under clause (iv) is not readily achievable, a failure to
make such goods, services, facilities, privileges, advantages, or
accommodations available through alternative methods if such
methods are readily achievable.
     (B) Fixed route system. 
     (i) Accessibility. It shall be considered discrimination for
a private entity which operates a fixed route system and which is
not subject to section 304 to purchase or lease a vehicle with a
seating capacity in excess of 16 passengers (including the
driver) for use on such system, for which a solicitation is made
after the 30th day following the effective date of this
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