U.S. Department of Justice
                                        Civil Rights Division
DJ# 181-06-0007
                                        Coordination and Review Section
                                        P.O. Box 66118
                                        Washington, D.C. 20035-6118

Mr. Ken Franklin
Community Liaison, Governor's Advocacy
Council for Persons with Disabilities
1318 Dale Street, Suite 100
Raleigh, North Carolina 27605-1275

Dear Ken Franklin:

        This letter is in response to your inquiries with respect to
the obligations of self-service gasoline stations and convenience
stores under the Americans with Disabilities Act (ADA).

        The ADA authorizes the Department to provide technical
assistance to entities that are subject to the Act. This letter
provides informal guidance to assist you in understanding how the
ADA may apply to your concern. However, this technical
assistance does not constitute a determination by the Department
of Justice of your rights or responsibilities under the ADA and
does not constitute a binding determination by the Department of
Justice.

        The general provisions applicable to public accommodations,
such as self-service gasoline stations and convenience stores,
are provided in the regulations implementing title III of the
ADA. These regulations were published on July 26, 1991, in the
Federal Register. I have enclosed a copy of the regulations for
your reference.

        The section of the regulation that appears most relevant to
your concerns is S 36.305, which governs alternatives to barrier
removal. The general language of S 36.305 and the examples used
in the preamble to that section indicate that attendant
assistance could be a readily achievable alternative in many
cases, if more than one attendant is on duty at the facility.
If assistance is provided to an individual with a disability as
an alternative to barrier removal under S 36.305, the service
station may not charge extra for the service provided.

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        The preamble to S 36.305 recognizes, however, that there may
be security considerations that would legitimately prevent a
cashier from leaving the cash register. The preamble makes clear
that the ADA would not require a cashier who is the only employee
on duty to leave a cash register to assist a motorist with a
disability.

        We hope you find this information of assistance.

                                        Sincerely,


                                    Stewart B. Oneglia
                                          Chief
                              Coordination and Review Section
                                   Civil Rights Division

Enclosures (2)
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