DJ 202-PL-267 NOV 3 1992 Tom Gallagher Manager, Research and Planning Department of Employment P.O.

Box 2760 Casper, Wyoming 82602 Dear Mr. Gallagher: Your letter to the Architectural and Transportation Barriers Compliance Board requesting information about the Americans with Disabilities Act (ADA) was referred to this office for response. 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. Your letter describes an ordinance, adopted by the city of Casper, Wyoming, allowing certain individuals, including persons with disabilities, to purchase curbside parking rights on a monthly basis. Under this ordinance, persons with disabilities are allowed to park along a curb for up to eight hours a day for a monthly fee of $25. Your letter questions whether some recourse is available to you because you believe that this ordinance is discriminatory. Included with your letter was a brochure describing the city's parking regulations in the downtown area of Casper, Wyoming. The ADA prohibits State and local government entities from denying benefits or services to any person with a disability, if that person would otherwise be entitled to those benefits or services. 42 U.S.C. 12132; 28 C.F.R. 35.130. Furthermore, [a] public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures ... that are required to provide that individual or group

with nondiscriminatory treatment required by the Act or this part. cc: Records, Chrono, Wodatch, Magagna, Friedlander, Nakata, FOIA Udd:Nakata:202.PL.267.Gallagher 01-01686​ -228 C.F.R. 35.130(f). According to the brochure included with your letter, the city of Casper allows free curbside parking for up to two hours in the downtown area. Ordinarily, curbside parking is not allowed beyond two hours. Because persons with disabilities are allowed to stay at the curbside for longer periods of time, the city is offering persons with disabilities a service not generally available to the public. The Department of Justice's regulation specifies that the ADA does not prohibit a local government from providing a benefit or service to persons with disabilities that goes beyond those required by the ADA. 28 C.F.R. 35.130(c). Furthermore, the $25 per month fee does not appear to be discriminatory. Long-term parking is provided in the city's Parking Garage Structure for a cost of $.35 per hour after the first two hours. Therefore, a person working an eight-hour day in the downtown area could park along the curb for two hours, then move to the Parking Garage Structure, stay for free for two hours, then pay $.35 for the remaining four hours. Therefore, a person could park in the downtown area for $1.40 per day or $28 per month (assuming a 20-day work month). Because the $25 per month curbside parking fee for persons with disabilities is less than the parking fee that a non-disabled person would ordinarily have to pay for monthly parking in the downtown area, the $25 fee does not appear to be a discriminatory surcharge. Under certain circumstances, a city's parking policy might be discriminatory. For instance, if the monthly parking fee in the city's parking garages were higher for persons with disabilities than for persons without disabilities or if these garages did not provide adequate parking spaces for persons with disabilities, the city might be in violation of the ADA. These circumstances, however, are not indicated in your letter. I have enclosed a copy of the Department's recently

published Title II Technical Assistance Manual which may further assist you in understanding the obligations of public entities under the ADA. I hope this information is useful to you. Sincerely, John Wodatch Director Public Access Section Enclosure Title II Technical Assistance Manual 01-01687​ UNITED STATES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 1331 F Street, NW * Washington, DC 20004-1111 * 202-272-5434 (Voice) 202 272-5449 (TDD) * 202 272-5447 (FAX) Mr. John Wodatch Office on the Americans with Disabilities Act Civil Rights Division U.S. Department of Justice Washington, DC 20530 Dear Mr. Wodatch: Please find enclosed two letters addressed to the Access Board requesting assistance regarding the ADA. It is our opinion that they address issues more appropriately under the purview of the Department of Justice. Please respond directly to the parties requesting assistance. We have notified them that we have forwarded their inquiries to your office. Sincerely, Marsha K. Mazz Technical Assistance Coordinator Enclosures The Access Board JUL 27 1992 01-01688​

MIKE SULLIVAN GOVERNOR DEPARTMENT OF EMPLOYMENT Division of Research and Planning P.O. BOX 2760 (307) 265-6905 CASPER, WYOMING 82602 June 23, 1992 Architectural and Transportation Barriers Compliance Board 1111 18th Street NW Suite 501 Washington DC 20036 Dear Sir/Madam: I am an employer situated in down town Casper Wyoming. By city ordinance a handicapped individual may purchase, for a monthly fee of $25, the right to park for 8 hours curbside for 8 hours. Others who may purchase these same rights are disabled veterans, taxi companies and hospitals. Until last month, I employed a disabled individual whose disability required her to park in front of the entrance to our place of work. For this reason, I paid the city a monthly fee of $25. Because I perceive a city imposed rental fee for curbside parking, exclusive to the disabled and taxi companies, to present a barrier to the employment of the disabled I also wrote two letters to the Mayor and city council requesting that the city's ordinance be modified and made non-discriminatory. As you can see from the enclosed brochure, the city is managing downtown parking to support downtown merchants. It certainly appears to me that the City is in violation of ADA. My question is this: Since the city refuses to commit itself to the development of a nondiscriminatory ordinance, what is the next step available to me as an employer? My work number is 307-265-6715 and I am available from 8 AM to 5 PM Mountain time. Thank you for your time and consideration. Sincerely,

Tom Gallagher Manager, Research and Planning 01-01689​ PARKING ORDINANCE PUBLIC INFORMATION FLYER HOW SERVICE IS PROVIDED: Parking enforcement is provided by the City through the Casper Police Department's Traffic Division. The Parking Enforcement Personnel, and scooters are a familiar sight in the Downtown area. The Division serves as a source of enforcement and information on parking in Downtown Casper. Parking Enforcement Personnel serve this dual role of insuring turnover of parking spaces for customers and visitors to the Downtown, and answering question about the community. Remember, parking enforcement is a public service. The Traffic Division of the Casper Police Department welcomes your comments. Sgt. W. Sandfort at 235-8261. FREQUENTLY ASKED QUESTION Q: WHEN WILL THE PARKING METERS BE REMOVED? A: All parking meters in Downtown area will be removed by June 1, 1992. Q: WILL THERE STILL BE A 2-HOUR PARKING LIMIT? A: Yes, parking spaces in the

Downtown area are limited to two hours of free parking except in those areas which are specifically marked. The parking restriction will be Enforcement Clerks utilizing handheld computerized ticket writers that will record the amount of time that a space is occupied by each vehicle. Q: CAN I AVOID A CITATION BY MOVING MY VEHICLE TO AN ADJACENT SPACE EVERY TWO HOURS? A: No. The parking ordinance has been amended to help maintain parking availability for customers and clients of Downtown businesses. The regulations make it a violation to park more that two hours in any block face in the Downtown. Longterm parking spaces are available in the Parking Garage Structure located at 230 South Wolcott for a cost of $.35 per hour after the first two hours for shoppers or clients. Employees are encouraged to lease spaces in the city-owned parking lot at 1st and Center or in the Parking Garage Structure. Q: WHEN WILL THE NEW PARKING REGULATIONS GO INTO EFFECT? A: The effective date of the Ordinance is May 1, 1992. The Parking Enforcement Personnel will be issuing courtesy tickets for a 30-day "grace period" between May 1 and May 31, 1992. Regular parking citations will be issued for violation for June 1, 1992. Q: WILL THERE BE A CHANGE IN THE HOURS OF ENFORCEMENT?

A: Yes. The new ordinance provides that the two hour parking restrictions will be enforced daily from 8:00 a.m. to 5:00 p.m. on weekdays and from 8:00 a.m. to 2:00 p.m. on Saturdays. enforced on Sundays and Legal Holidays. Q: WILL THERE BE AN INCREASE IN FINES FOR PARKING VIOLA TIONS? A: Yes. The new Ordinance provides for a change in the line structure for parking violation. The fine for the first violation in a 24 hour period will increase from $2.00 to $5.00. The second violation will result in a $10.00 fine and the third violation in a 24 hour period will carry a $20.00 fine. All fines will double if not paid in 10 days. Q: WILL THERE BE CHANGES IN THE COST OF PARKING IN THE CITY'S PARKING GARAGE? A: The cost of parking in the Parking Garage will continue to be $.35 for every hour or portion of an hour after the first two hours. The parking Garage is located at 230 S. Wolcott with entrances on Wolcott and on Center. Spaces are also available for lease on a monthly basis. Contact the City of Casper Finance Office for more information on the cost for leasing spaces in the Parking Garage. Q: WHAT WILL BE THE RESTRICTIONS ON PARKING IN THE CITY PARKING LOT AT 1ST AND CENTER?

A: The long-term parking spaces in the Parking Lot at 1st and Center will be converted to lease spaces only under the provisions of the new ordinance. For more information on the costs of leasing spaces in the Parking Lot contact the Finance 01-01690 (Form) Parking: In Downtown Casper 01-01691