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1994 Delaware Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagde0034 and id is 1 raw text is: INFORMAL OPINION NO. 94-1001 STATE OF DELAWARE DEPARTMENT OF JUSTICE STATE OFFICE BUILDING CHARLES NI. OBERI.A 111 820 N. FRENCH STREET, 8TH FLOOR DIRECT DIAL: Al HORNEY GENERAL WILMINGTON, DELAWARE 19801 302-577-2500 January 4, 1994 Ms. Bonnie Wallner Executive Director Delaware State Board of Pharmacy P.O. Box 637 Dover, Delaware 19903 Re: Pharmacy Counter Height Dear Ms. Wallner: You asked the following question: Whether the Americans with Disabilities Act (ADA) requirement of a 3 foot high counter would prevail over the 4 foot high section allowed by the Board for patient consultation and transactions in the pharmacy department, when the rest of the pharmacy measured 5 feet from the floor? We conclude that new construction or alteration of public accommodations must meet or exceed ADA standards. This opinion is based on the Americans with Disabilities Act of 1990 (ADA) Section 302 of Title III. The ADA prohibits all private businesses that serve the public from discriminating against persons with disabilities in the full and equal enjoyment of their good services, facilities, privileges, advantages and accommodations. In addition to this broad and general prohibition against discrimination because of disability in the provision of goods, services and accommodations to the public, Title III, specifically requires the following: 1. Private businesses that service the public must remove architectural, communication and transportation barriers in existing facilities by January 26, 1992 where such removal is readily achievable. 42 U.S.C. §12183 (1990). 2. All private businesses, whether or not they serve the public, must insure all newly constructed buildings are readily accessible to and usable by the disabled if the building will be first occupied after January 26, 1993. 42 U.S.C. §12183 (1990).

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