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House of Representatives Federal Building, Room 122 Jamestown, New York 14701 Attention: Carol Sheldon Dear Congressman Houghton: This letter responds to your inquiry on behalf of (b)(6) concerning roadway conditions in the trailer park where he resides. You have asked whether the Americans with Disabilities Act (ADA) requires the roadways to be accessible to(b)(6). The Americans with Disabilities Act (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 your constituent in understanding the ADA's provisions. However, it does not constitutes a legal interpretation, and it is not binding on the Department. Title III of the ADA regulates "places of public accommodation," as listed under Section 36.104 of the enclosed title III regulation on page 35594. Residential facilities and communities are not included under the ADA as places of public accommodation. Therefore, if the trailer park in question is open only to residents and their guests, and does not otherwise include facilities qualifying as a "place of public accommodation," neither the park nor its roadways would be subject to ADA regulation. Of course, residential facilities may be subject to the nondiscrimination and accessibility requirements of the Fair Housing Act. cc: Records; Chrono; Wodatch; Breen; McDowney; FOIA; MAF. :udd:jonessandra:ada.houghtonl 01-01676 -2The only other ADA provisions that may apply would be those of title II, which governs State and local government programs and services. However, it does not appear from your inquiry that
the roadways in question are under the authority of a State or local government entity. Nevertheless, I have also enclosed a copy of the Department's title II regulation, which describes accessibility requirements applicable to State and local services. If (b)(6) feels, after reviewing the enclosed information, that the roadway conditions in question are violative of either of the regulations, he may proceed as explained on page 45 of the enclosed Title II Technical Assistance Manual (for a title II violations) or, for a title III violation, as described on pages 64-7 of the enclosed Title III Technical Assistance Manual. These two manuals also include additional discussion of the general applicability of the ADA. I hope this information assists you in responding to your constituent. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (4) 01-01677 Illegible 34th DISTRICT, NEW YORK Illegible
MEMBER: NORTHEAST-MIDWEST COALITION NORTHEAST AGRICULTURE CAUCUS COMMITTEES: BUDGET Congress of the United States FOREIGN AFFAIRS House of Representatives SELECT COMMITTEE ON AGING May 26, 1992 Mr. Velva Walter Office of Justice Programs Room 1244
633 Indiana Avenue, NW Washington, D.C. 20531 Dear Mr. Walter: My Jamestown District Office has recently been contacted by XX XXXX XXXXXX XXXXXX XXXXXXX XXXXXXX XXXXXXX New York 14733, regarding difficulties he is encountering with handicapped access. (b)(6) is confined to an electric three-wheel vehicle (much like a wheelchair) and his son is confined to an electric wheelchair. Due to roadway speed bumps neither are able to access the roadway or sidewalk. They need help to get over each speedbump. Since these speedbumps are part of the trailer park roadway, would the trailer park be subject to ADA regulations? Would these speedbumps be considered a removable obstacle? Any insight you may be able to provide would be greatly appreciated. I would request a written response. All correspondence should be addressed to me at the Jamestown District Office, P.O. Box 908, Jamestown, New York 17401 - 0908. Should you have any questions, please do not hesitate to contact the Jamestown office. Carol Sheldon, one of my staff assistants, will be happy to help you. Thank you for your help in this matter. Sincerely, Amo Houghton Member of Congress AH/cas 1216 LONGWORTH HOUSE OFFICE BUILDING WASHINGTON, DC 20515-3234 PHONE (202) 225-3161 01-01678