12-1-93

DJ XX DEC 3 1993

(b)(7)(c)
XX
XX
Crowley, Texas XX

Dear XX

I am responding to your letter requesting information about

the obligations of municipal governments under the Americans with
Disabilities Act (ADA). I apologize for our delay in responding.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance to assist you in understanding the ADA and the
Department's regulation. However, this technical assistance is
not a legal interpretation of the statute, and it is not binding
on the Department.

You have asked about the construction standards that apply

to public buildings, and the ADA enforcement process that applies
to public entities. Title II of the ADA prohibits discrimination
on the basis of disability by public entities. To implement this
requirement, the Department of Justice has issued a regulation
that sets forth the specific obligations of public entities. The
regulation also establishes the procedures through which the
regulation may be enforced. The title II regulation and the
Department's Title II Technical Assistance Manual are enclosed
for your information.

Section 35.151 of the Department's regulation requires all

facilities designed, constructed, or altered by, on behalf of, or
for the use of a public entity to be readily accessible to and
usable by individuals with disabilities, if the construction or
alteration began after January 26, 1992. This means that each
facility must be designed, constructed, or altered in strict
compliance with either the ADA Standards for Accessible Design or
the Uniform Federal Accessibility Standards. This requirement
applies both to buildings that are open to the public and to
those that are not. This requirement is discussed further in the
preamble to the enclosed regulation at pages 35710-35711, and in
section II-6.0000 of the Technical Assistance Manual.
(b)(7)(c)

cc: Records, Chrono, William, Blizard, Johansen, FOIA, Friedlander

n:\udd\blizard\adaltrs\ XX

01-02769
-2-

If a public entity is offering a program, service, or

activity in an existing building, it is subject to section 35.150
of the regulation, which provides that a public entity may not
deny the benefits of its programs, activities, and services to
individuals with disabilities because its facilities are
inaccessible. A public entity's services, programs, or
activities, when viewed in their entirety, must be readily
accessible to and usable by individuals with disabilities. This
standard, known as program accessibility, applies to all existing
facilities of a public entity. This requirement is discussed
further in the preamble to the enclosed regulation at pages
35708-35710, and in section II-5.0000 of the Technical Assistance
Manual.

If a public entity fails to comply with title II, a person,

a specific class of individuals, or their representative may file
an administrative complaint alleging discrimination on the basis
of disability with an appropriate Federal agency, or may file a
lawsuit in Federal district court. It is not necessary to
exhaust administrative remedies before filing a lawsuit. The
title II enforcement procedures are established in subparts F & G
of the regulation; they are discussed at pages 35713-35716 of the
preamble to the regulation, and in section II-9.0000 of the
Technical Assistance Manual.

I hope that this information is helpful to you.

Sincerely,

Janet L. Blizard
Supervisory Attorney
Enclosures

01-02770