# 74 DJ 202-PL-521 III-7.4300 III-9.

2000 May 14, 1993

Mr. Garritt Toohey Vice President Tamar Inns, Inc. 9000 International Drive Orlando, FL 32819 Dear Mr. Toohey: I am responding to your letter asking about the application of the requirements of title III of the Americans with Disabilities Act (ADA) to the construction of parking facilities at a convention hotel that will be built by Tamar Inns, Inc. 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 does not constitute a determination by the Department of your rights or responsibilities under the ADA, and it is not binding on the Department. You have asked the Department to comment on the petition to the State of Florida Board of Building Codes and Standards filed by Tamar Inns to seek a waiver from the State's requirement to provide reserved accessible parking spaces. This petition is based on your company's plan to provide parking for people with disabilities through the use of a valet parking service. The State has deferred action on your petition until the Department responds to your inquiry. The first issue that we must address is the relationship between State and Federal law in this area. The ADA does not

preempt State authority in the area of accessible design. When the State and Federal requirements differ, an entity that is subject to both State and Federal requirements on must comply with the more stringent requirement applicable to each element of the facility that is being constructed. The State is not authorized to enforce the ADA or to grant waivers from its requirements. The State is free to continue to enforce State accessibility requirements that provide access that is equal to or greater than that provided by the ADA standards. With respect to your specific question, we note that a convention hotel is a place of lodging subject to the requirements of title III of the ADA, which requires, among other things, that all new construction must meet the requirements of the standards for accessible design that were adopted by the Department of Justice the regulation implementing title III, 28 C.F.R. Part 36. The standards for accessible design are reprinted as an appendix to the regulation. The requirements for accessible parking in a newly constructed facility are contained in section 4.1.2(5) of the standards. If self-parking is provided for employees or guests of a facility, accessible parking spaces must be provided in compliance with the requirements of 4.1.2(5). If a facility provides only valet parking, then it is required to comply with sections 4.1.2(5)(c) and 4.1.2(5)(e). The ADA does not permit a waiver of the requirements established by the standards. For your information, I am enclosing a copy of the Department's regulation implementing title III and the Title III Technical Assistance Manual. I hope that this information is helpful to you. Sincerely,

John L. Wodatch Section Chief Public Access Section Enclosures (2)