# 27 III-7.

4300 August 12, 1992

The Honorable Christopher Shays Member, U.S. House of Representatives 10 Middle Street Bridgeport, Connecticut 06604 Dear Congressman Shays: This letter is in response to your inquiry on behalf of your constituent, Allan Davis, who is seeking clarification of parking space requirements for a hospital outpatient facility under the Americans with Disabilities Act (ADA) as the result of our response to an earlier inquiry from Mr. Davis. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities with rights or obligations under the Act. This letter provides informal guidance to assist you and your constituent in understanding the ADA accessibility standards. However, this technical assistance does not constitute a legal interpretation of the statute and it is not binding on the Department. Mr. Davis has asked for clarification of the requirements for the number of accessible parking spaces that must be provided under the ADA. Section 4.1.2(5)(d) of the ADA accessibility guidelines (page 35612 of the enclosed ADA title III regulation) applies to hospital outpatient facilities. In general, the section requires that "facilities providing medical care and other services for persons with mobility impairments" must have the number of accessible spaces set forth in a table included in the Guidelines. This section does not apply only to facilities that exclusively serve individuals with mobility impairments. To the contrary, it applies to any medical care facility that

provides service to individuals with mobility impairments along with other members of the general public. The section includes a specific requirement (in lieu of the table requirements) for outpatient units and facilities that 10 percent of the total number of parking spaces be accessible. In the case of a hospital outpatient facility, the 10 percent requirement would only apply to that proportion of total parking use attributable to the outpatient facility. In addition, if a hospital outpatient facility specializes in services for individuals with mobility impairments, the Guidelines specify a 20 percent requirement in lieu of the table requirements. The 20 percent requirement would only apply to that proportion of a facility's parking use that is attributable to the provision of specialized services. Mr. Davis is also concerned that people with mobility impairments may not be legally entitled to park in accessible places. This is highly unlikely because it is common practice for States, including Connecticut, to issue accessible parking permits to anyone who has need for accessible parking including those persons who may be only temporarily disabled. Mr. Davis also seeks clarification of the requirement for accessible routes to parking. In general, an "accessible route," as defined in { 3.5 of the Guidelines, may not include a vehicular way. The area behind parked cars in a parking garage, however, may be used as part of an accessible route, if it meets the definition of "marked crossing" under { 3.5 of the Guidelines. I hope that his information is useful in responding to your constituent. Sincerely,

John R. Dunne Assistant Attorney General Civil Rights Division Enclosure