U.S. Department of Justice Civil Rights Division T. 5/23/92 JLW:LIB:HJB:jfh 202-PL-00083 Washington, D.C.

20530 MAY 28 1992 Ms. Tria D. Vikesland Adaptive Recreation Specialist Eden Prairie Community Center 16700 Valley View Road Eden Prairie, Minnesota 55346 Dear Ms. Vikesland: This letter responds to your correspondence requesting technical assistance with respect to the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101-12213 (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. You are correct in your understanding that title II of the ADA generally requires that if local governments provide services or programs to residents or non-residents without disabilities, they must therefore provide these programs and services for individuals with disabilities. You inquire whether a local government may now designate some programs as being open to the general public -- both individuals with disabilities and those without disabilities -- and some programs only to residents of your local jurisdiction, again including both individuals with disabilities and those without disabilities. Generally, limiting participation in this way does not appear to be prohibited by title II. We must caution you, however, against limiting participation to residents only in some programs, but not others, if all programs have historically been open to all. Your reason for offering certain programs only to residents should not be related to the fact that you expect people with disabilities to participate in them. For example, the ADA might be violated if

you allowed the general public to use most facilities of a cc: Records OADA Wodatch Bowen Beard udd:beard.ta.202.vikesland 01-00829

-2recreation center (e.g., picnic areas, tennis courts, basketball courts), but you limited use of the swimming pool to residents when you know that you have no mobility impaired residents and you do not want to provide pool services to individuals with those impairments. We hope that this information is useful to you. I enclose a copy of the regulations issued by the Department of Justice under both title II and title III (which contains the ADA Accessibility Guidelines, an optional standard for local government use), Title II Highlights, and our Title II Technical Assistance Manual. Sincerely, L. Irene Bowen Deputy Director Office on the Americans with Disabilities Act Enclosures 01-00830

City of Eden Prairie COMMUNITY CENTER 16700 Valley View Road * Eden Prairie, MN 55346-3677 * Telephone (612) 937-8727 February 4, 1992 Office on the Americans with Disabilities Act Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Dear Sirs: I am writing to request any new and updated information about the Americans with Disability Act. We also would like to know if anyone has raised the issue of non-resident fees or providing services to non-residents. The City of Eden Prairie is looking hard at the issue of providing services or programs to non-residents. Past history is that we have, however it has shown to be very costly and at times, very time consuming for a program. To our understanding if we provide services or programs to residents or non-residents without disabilities we therefore must provide for individuals

with disabilities. What we are looking at now is if we can legally designate some programs open to the public and some programs just to residents of Eden Prairie, whether they have a disability or not. Has there been other cities or organizations dealing with this same issue and do you have any information or articles about this? Please send information to: Tria D. Vikesland Adaptive Recreation Specialist Eden Prairie Community Center 16700 Valley View Road Eden Prairie, MN 55346 Thank you! Sincerely, Tria D. Vikesland Adaptive Recreation Specialist TDV:cp 01-00831