AUG - 8 1996 Mr.

Audilio Miranda ADA Compliance Coordinator Maintenance and Operations Department County of Bernalillo, New Mexico One Civic Plaza, N.W. Albuquerque, New Mexico 87102 Re: DOJ Complaint # Dear Mr. Miranda: This letter is in reference to a complaint that was filed with the Disability Rights Section, Civil Rights Division of the United States Department of Justice (Department), alleging a violation of title II of the Americans with Disabilities Act of 1990 (ADA) by the County of Bernalillo, New Mexico (County). Title II prohibits discrimination by State and local governments against qualified individuals with disabilities on the basis of disability. Specifically, it was alleged that the accessible entrance to the Bernalillo County Courthouse (Courthouse) and the platform lift on the second floor do not comply with standards under title II. We notified the County of the complaint and have reviewed information provided by both the complainant and the County. Title II requires the County to operate its services, programs, and activities that are offered in the Courthouse so that each, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. 28 C.F.R. 35.150 (a). The Courthouse has an accessible entrance that is located on the side of the building nearest to the parking lot. Although the ramp to the accessible entrance, which was constructed prior to January 26, 1992, does not comply strictly with the Standards for Accessible Design, as set forth in the ADA Accessibility Guidelines, such ramp does make the entrance to the courthouse readily accessible to and usable by persons with mobility impairments. 28 C.F.R. pt. 36, App. A. Additionally, although the regulation implementing title II requires that a public entity give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate, such provision does not require the County to make the main entrance to the Courthouse also accessible to persons with mobility

impairments where it is technically infeasible to do so. 28 C.F.R. 35.150 (a),(b). Programs, services, and activities that are conducted on the second floor of the courthouse have been made accessible to persons with mobility impairments through the use of a platform 01-00427 lift. Although the County restricts the unauthorized use of the platform lift by requiring the use of a key for its operation, it has taken steps to make this lift readily accessible to and usable by persons with disabilities. In a memorandum dated July 18, 1996, the County reminded the Courthouse security personnel of their responsibility either to provide persons who need the platform lift with the key for its operation, or to assist persons in the use of such lift. Additionally, the County has agreed to post a sign at the accessible entrance that provides notice to the public of such policy. Because the County has taken appropriate actions to comply with the requirements of the ADA, we are administratively closing our file on this case as of the date of this letter. If you have any questions concerning this letter, please call Bill Shiraki at (202) 305-1118. Sincerely,

Bruce Friedman Supervisory Attorney Civil Rights Division Disability Rights Section

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