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SEP 22 1992 The Honorable Lloyd Bentsen United States Senator 961 Federal Building Austin, Texas 78701

Dear Senator Bentsen: This letter responds to your inquiry on behalf of your constituent, (b)(6) concerning the enforcement of provisions requiring accessible parking and curb ramps for individuals with disabilities, particularly in public and private parking lots serving hospitals and other such facilities. The Americans with Disabilities Act (ADA) authorizes this Department to provide technical assistance to individuals and entities that have rights or responsibilities under the ADA. Therefore, this letter provides informal guidance to assist you in responding to (b)(6) However, this technical assistance does not constitute a legal interpretation and it is not binding on the Department of Justice. Title II of the ADA requires that State and local governments with responsibility over streets, roads, or walkways provide curb ramps, giving priority to walkways serving State and local government offices and facilities, transportation, places of public accommodation, and employers. For a fuller discussion of this issue, please refer to section 35.150(d) (2) of the enclosed title II regulation and pages 19-22 of the enclosed Title II Technical Assistance Manual. Under title III of the ADA, a public accommodation, including a private hospital or health care facility, is required to remove architectural barriers to access by individuals with disabilities in existing facilities where such removal is readily achievable. For a fuller discussion of this issue, please refer to section 36.304 of the enclosed title III regulation and pages 28-39 of the enclosed Title III Technical Assistance Manual. cc: Records, Chrono, Wodatch, McDowney, Breen, Delaney, FOIA Udd:Delaney:ada.cong. bentsen (b)(6) 01-01550​

-2The ADA provides remedies to enforce the substantive provisions of the statute. Private individuals may file a court action to enforce rights under title II and title III of the ADA. They may also file complaints with the Federal government. For a further discussion of the enforcement provisions of the ADA, please refer to the enclosed title II and III regulations (SS35.170-178 and SS36.501-508) and the Technical Assistance Manuals at pages 45 and 64-67, respectively. However, neither the statute nor the implementing regulations directly address the enforcement of local parking restrictions. State and local authorities generally are responsible for ensuring that parking restrictions are enforced in accordance with state and local law. I hope this information is helpful in responding to your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures (4) 01-01551​ July 7, 1992 (b)(6) Dear Senator Bentsen, I regret having to write you on such a trivial matter in light of the great problems facing the nation. However, if you can assist me in finding the right person or agency to communicate with, I would be most appreciative. I would like to know who the enforcing arm of the various applications of The Americans With Disabilities Act are. Of particular concern at this moment are ramps to hospitals and other such facilities. We have had one accident and many near misses with the Elderly and Handicapped vans run by the city of Port Arthur. Governor Ann Richards and State Senator Parker have assured me that legislation will be forthcoming in the next legislative session of the state of Texas to cover public thoroughfares regarding the safety of these vans. However, they are reluctant to cover private parking lots in their legislation. The city attorney has said

that the city has no jurisdiction in such matters. The U.S. attorney's office in Beaumont has said that it is not a criminal offence, therefore, they do not have jurisdiction. Security at the mall in this city has said they have no teeth to enforce any sign they may put up. It seems to be overkill to send out the National Guard to see that ramps are kept clear for the elderly and handicapped to have access to a facility. However, it seems equally stupid to have a law mandating ramps to a given facility and yet not be able to enforce it. Rather frankly, I do not know where to turn. You have been most helpful in the past. I would appreciate your assistance in this matter. (b)(6) 01-01552