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JUL 2 1992 T.

6/26/92 SBO:LMS:KGF DJ 192-180-07642

The Honorable Wayne Owens U.S. House of Representatives 1728 Longworth House Office Building Washington, D.C. 20515-4402 Dear Congressman Owens: This letter responds to your inquiry on behalf of your constituent, Mayor Elden Sandino, Town of Stockton, Utah, who expresses concern about the town's financial ability to make the restrooms in its town building accessible to individuals with disabilities. Mayor Sandino also notes the need for Federal and State funding for the removal of barriers. The Americans With Disabilities Act (ADA) authorizes the Department of Justice to provide technical assistance to entities that are subject to the Act. This letter provides informal guidance to assist you in responding to your constituent. However, this technical assistance does not constitute a determination by the Department of Justice of your constituent's rights or responsibilities under the ADA and does not constitute a binding determination by the Department of Justice. Title II of the ADA and the Department of Justice's title II regulation require that a local government provide access to its programs, services, and activities to individuals with disabilities. To the extent that the town provides its programs, services, and activities to the public in its town building, they must be readily accessible to and usable by individuals with disabilities. The concept of program accessibility is discussed on pages 19-22 of the enclosed title II technical assistance manual. Normally, where toilet facilities are furnished to individuals participating in the programs, services, and activities offered in the town building, those facilities also must be accessible to individuals with disabilities. See title

II technical assistance manual at page 19, Illustration 1. Stockton, however, is not required to make alterations to its facilities, if the town can demonstrate that the expense of cc: Records, CRS, Friedlander, Stewart, McDowney, Foster :udd:Stewart:owens1.ltr 01-00994 -2making its public toilet facilities accessible would result in undue financial and administrative burdens. See enclosed copy of the Department of Justice's title II regulation at 28 C.F.R. S 35.150(a)(3). If the alterations to the facilities would result in such burdens, the public entity must take other actions that would not result in such hardships but would help to provide access. 28 C.F.R. S 35.150(a)(3). Thus, Mayor Sandino's suggestion for using accessible portable toilet facilities may be an option, should the town determine that undue burdens would result from making its regular toilet facilities accessible. The portable facilities should be available during the periods of time when the regular facilities are available. 28 C.F.R. S 35.130(b)(ii). With respect to Federal funding for barrier removal, the Department of Housing and Urban Development (HUD) provides community development block grants designed to assist low and moderate income households and communities. These grants may be used to remove architectural barriers that restrict accessibility to publicly owned and privately owned buildings, facilities, and improvements. For information on applying for a community development block grant, Mayor Sandino should contact HUD's Office of Block Grant Assistance at (202) 708-3587. I hope this information is helpful to you in responding to your constituent's inquiry. Sincerely,

John R. Dunne Assistant Attorney General

Civil Rights Division Enclosures (2)

01-00995 United States Architectural and Transportation Barriers Compliance Board 1331 F Street, NW * Suite 1000 * Washington, DC 20004-1111 * 202-272-5434 (V/TDD * FAX 202-272-5447 APR 15 1992 Congressman Wayne Owens 1728 Longworth House Office Building Washington, D.C. 20515-4402 Attn: Rob Morse Dear Congressman Owens: Thank you for your correspondence bringing to our attention the concerns of Mr. Elden Sandino, Mayor of the Town of Stockton, regarding the accessibility requirements of the Americans with Disabilities Act (ADA). The Stockton City Hall would be covered by the regulations promulgated by the Department of Justice under title II of the ADA which prohibits discrimination on the basis of disability in State and local government

services. Section 35.150 of the regulations outlines the requirements for program accessibility in existing facilities. This section explains the general provisions of program accessibility for existing facilities; suggests methods for achieving program accessibility; and outlines the time period for compliance. I have enclosed a copy of the regulations. Because this matter falls within the jurisdiction of the Department of Justice, I am also taking the liberty of bringing this matter to their attention. Thank you for contacting the Access Board. Please let me know if I can be of further assistance. Sincerely,

Lawrence W. Roffee Executive Director Enc. (2) The Access Board 01-00996 Town of Stockton Stockton, Utah 84071

October 25, 1991 Congressman Wayne Owens 125 South State Street Room 2311 Salt Lake City, Utah 84401 Re: ADA Regulations Dear Congressman Owens:

We, recently received a copy of the ADA Regulations from the League of Cities and Towns and would like to address some of our concerns. We support these regulations in theory and are willing to do what we can to abide by them. Unfortunately, like most small towns in the State of Utah, we are very limited in our funds and feel if these regulations are to be imposed upon us, some kind of Federal or State funding or grant also needs to be addressed. Our building does have a ramp access in the rear, however our restrooms are down stairs. Our building used to be an elementary school and the stairs and stalls in the restrooms are rather small. Making these facilities handicap accessible would be a major undertaking and very costly. The Town Board has discussed the matter and has decided it would be feasible to rent a handicapped accessible portable toilet for times when many people would be using the building (such as elections) but don't know if this would be an acceptable solution. We would appreciate these concerns being addressed for small towns in Utah. Respectively, Elden Sandino, Mayor elm