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# 152 II-3.7000 II-5.


August 2, 1994

The Honorable Mark O. Hatfield United States Senator Special Districts Center 727 Center Street, N.E. Suite 305 Salem, Oregon 97301 Dear Senator Hatfield: This letter is in response to your inquiry on behalf of your constituent, XXXXXXXXXXXXXXXXXXXX, regarding his complaint against the Oregon State Lottery Commission under the Americans with Disabilities Act of 1990 (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that are subject to the Act. This letter provides informal guidance to assist you in understanding provisions applicable to your constituent. However, this technical assistance does not constitute a legal interpretation of the application of the statute and it is not binding on the Department. Mr. XXXXXXXXXXXX asserts that the Oregon State Lottery Commission contracts with private businesses in the operation of their Video Poker, Keno, Megabucks, and Scratch Off games. He states further that this contract requires the private retailers to comply with all Federal, State, and local ordinances, including the ADA. Mr. XXXXXXXXXXX believes that, under the ADA, the Oregon State Lottery Commission can only contract with retail stores that are fully accessible. Title II prohibits discrimination on the basis of disability by State entities such as the Oregon State Lottery Commission. Section 35.130(b) of the Department's title II regulation states that a public entity, in providing any aid, benefit, or service,

may not directly or through contractual arrangements, on the basis of disability, deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service. This does not mean, however, that the State Lottery Commission must ensure full accessibility in all of the retail outlets with which it contracts. In existing facilities, title II requires State and local governments to ensure "program access," which means that the lottery program, when viewed in its entirety, must be accessible to qualified persons with disabilities. The Oregon State Lottery Commission must ensure that its lottery program, but not necessarily each individual facility that sells lottery tickets, is accessible to persons with disabilities. Moreover, under the concept of "program access," structural changes to facilities are only required when there is no alternative (such as curbside service) available. Because Mr. XXXXXXXXXXXXX letter raises issues of compliance under title II, it has been accepted by this office as an official complaint under the ADA. We will contact him directly regarding his complaint. I hope this information is helpful to you in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General Civil Rights Division