Rose

MEMORANDUM OF DECISION

This is an action to enjoin the United States Postal Service (“Postal Service”) from leasing buildings that are inaccessible to the handicapped and to require the Postal Service to make accessible the leased facilities it operates that are not now accessible. Plaintiffs allege that under the Architectural Barriers Act, 42 U.S.C. § 4151 et seq., and section 504 of the Rehabilitation Act, 29 U.S.C. § 794 , the Postal Service has a duty to make certain that all postal facili ties, including leased ones, are accessible to handicapped persons. Plaintiffs further allege that a postal facility that is not accessible to handicapped persons constitutes de facto employment discrimination in violation of section 501 of the Rehabilitation Act, 29 U.S.C. § 791 , and denies equal protection to handicapped persons. Defendant has moved for a judgment of dismissal. For reasons here set forth, such judgment will be granted.

1. The Architectural Barriers Act.

In 1968, Congress passed the Architectural Barriers Act, 42 U.S.C. § 4151 et seq. (“Barriers Act”) to insure that certain buildings financed with federal funds would be so designed and constructed as to be accessible…