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# 74

DJ 202-PL-521

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

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.


John L. Wodatch
Section Chief
Public Access Section

Enclosures (2)