JUN 16 1992 DJ 202-PL-166 (b)(6) Carrollton, Texas 75007 Dear Ms.

XX This letter responds to your correspondence regarding the denial of free entrance to Eisenhower State Park in possible violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101-12213. The ADA authorizes the Department of Justice to provide technical assistance to individuals or 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. Specifically, you inquire whether a state agency that grants free entrance to those 65 years of age and older and disabled veterans, must grant free entrance to others who are similarly disabled. Title II of the ADA prohibits discrimination on the basis of a disability, but does not prohibit a state agency from granting a privilege (such a free admission to state parks) to particular groups of individuals with disabilities and groups of individuals without disabilities so long as that decision has neither the intent nor the effect of discriminating against individuals on the basis of their disability. The information that you have given us does not appear to present a violation of the ADA. We hope that this information is useful to you in evaluating your rights under the ADA. Sincerely, L. Irene Bowen Deputy Director Office on the Americans with Disabilities Act cc: Records Chrono Wodatch Bowen Beard.ta.202.(b)(6) arthur T. 6/3/92

01-00946

APRIL 23, 1992 OFC.ON AMER.WITH DISABILITIES ACT CIVIL RIGHTS DIVISION U.S.DEPT.OF JUSTICE WASHINGTON,D.C. 20530 TO WHOM IT MAY CONCERN; I AM WRITING TO YOU FOR A COUPLE OF REASONS. I AM A PHYSICALLY CHALLENGED PERSON WHO ENJOYS THE OUTDOORS. I GO CAMPING OFTEN. RECENTLY, I WAS CAMPING AT EISENHOWER STATE PARK. I WAS TOLD PRIOR TO THE OUTING THAT DISABLED PERSONS WERE GIVEN A PASS TO ALLOW ADMITTANCE TO THE CAMPGROUND WITHOUT HAVING TO PAY AN ENTRANCE FEE. I HAD PROOF OF DISABILITY PENSION FROM SOCIAL SECURITY. WHEN I ENTERED THE GROUNDS I APPROACHED THE PARK STATION AND INQUIRED ABOUT THE PASS AND THE PROCEDURE TO ACQUIRE ONE THE PARK SUPERVISOR EXPLAINED THAT THE PASSES WERE ONLY GRANTED TO PERSONS 65 AND OLDER OR DISABLED VETERANS. I AM UNDER 65 AND I AM NOT A VETERAN. HOWEVER I AM DISABLED IN A WHEELCHAIR. THIS SEEMED VERY UNFAIR TO ME. DOES THIS TYPE EXCLUSION SEEM CONTRARY TO TITLE 2, SECTION 202 OF THE AMERICANS WITH DISABILITIES ACT OF JULY, 1990? I WANT VERY MUCH FOR ALL PEOPLE TO RECEIVE FAIR TREATMENT UNDER THIS LAW. YOUR RESPONSE IS APPRECIATED. THANKING YOU IN ADVANCE, SINCERELY YOURS, (b)(6) CARROLLTON, TEXAS 75007 01-00947