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11/18/92 SK:SBO:ca DJ# 193-180-15348 NOV 24 1992 The Honorable Arlen Specter United States Senator Suite 9400, Federal Building 600 Arch Street Philadelphia, PA 19106 ATTN: Ms. Mary Clark Dear Senator Specter: This letter is in response to your inquiry on behalf of Marie A. Midas, Chief Clerk, County of Carbon, who requested a response to her letter of May 13, 1992, to the Office on the Americans with Disabilities Act. We regret that we have been unable to locate a record of that letter. The 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 Ms. Midas. However, this technical assistance does not constitute a determination by the Department of Justice of the County's rights or responsibilities under the ADA and does not constitute a binding determination by the Department of Justice. As indicated in section II-5.0000 of the enclosed Technical Assistance Manual, title II of the Americans with Disabilities Act requires for existing facilities that programs and activities operated by public entities must be accessible to individuals with disabilities. Title III of the ADA establishes different requirements for places of public accommodation operated by private entities, and a copy of our Title III Manual is also enclosed for your information. The relationship between the title II requirements for public entities and the title III requirements for private entities is discussed in section II-1.2000 of the Title II Manual, and the examples in that section may be relevant to Ms. Midas' concerns. Illustration #2 indicates that when a city leases to a restaurant, newsstand, and travel agency, the city is a landlord subject to title II even

cc: Records, CRS, Friedlander, Kaltenborn, McDowney, FOIA, Breen :udd:kaltenborn:specter 01-01749

though the tenants are public accommodations covered by title III. Also, section II-5.5000 of the Manual discusses the application of the program accessibility requirements to programs operated in historic properties. I hope that this information is helpful to you in responding to Ms. Midas. Sincerely,

John R. Dunne Assistant Attorney General Civil Rights Division Enclosure

01-01750

OFFICE OF THE CARBON COUNTY COMMISSIONERS COMMISSIONERS COUNTY COURT HOUSE ANNEX DEAN D.W. DELONG, CHAIRMAN OF JIM THORPE, PA TOM C. GERHARD, VICE-CHAIRMAN 18229-1238 JOHN D. MOGILSKI CARBON * PENNSYLVANIA TELEPHONE (717) 325-3611 FAX (717) 325-3622 May 13, 1992 US Department of Justice Civil Rights Division Office on the Americans with Disabilities Act Washington, DC 20035 Dear Sir/Madam: The County of Carbon owns a downtown historic structure and in turn rents space to a bank, tourist agency and small railline. It has been brought to my attention as ADA Coordinator that the bank (branch) is not handicapped accessible due to a threshold step at the entrance to same. I am aware that the County as landlord is subject to Title II regulations of the ADA Act. However, the bank is governed by Title III. If

a ramp, portable or otherwise is erected, the doorway would not accommodate wheelchair passage. Consequently, a full accommodation would result in a structural change. The building in question is an 1888 train station within a National Historic District. Thus, historic standards would also apply. Any historical modification would be cost-prohibitive at this time. The bank has a main location which is approximately 1 1/2 miles from the branch site. As the bank has provided full banking services at a main office which is handicapped accessible, safer, less congested, including adequate parking and within close proximity to the branch, have they met ADA compliance? What regulations would govern in this case? Would a service doorbell and appropriate signage satisfy accessibility standards? The County would appreciate your written response in this matter. Thank you for your time and consideration. Sincerely, Marie A. Midas Chief Clerk COUNTY OF CARBON MAM cc: Carbon County Board of Commissioners County Administrator 01-01751 OFFICE OF THE CARBON COUNTY COMMISSIONERS COMMISSIONERS COUNTY COURT HOUSE ANNEX DEAN D.W. DELONG, CHAIRMAN OF JIM THORPE, PA TOM C. GERHARD, VICE-CHAIRMAN 18229-1238 JOHN D. MOGILSKI CARBON * PENNSYLVANIA TELEPHONE (717) 325-3611 FAX (717) 325-3622

May 14, 1992

Senator Arlen Specter Room 342 Russell Senate Ofc. Bldg. Washington, D.C. 20510 Dear Senator Specter: Commissioner Dean DeLong has requested that I forward the enclosed correspondence for your handling in obtaining a timely response from the US Department of Justice relative to our concern. Thank you for your kind assistance. Sincerely,

Marie A. Midas Chief Clerk COUNTY OF CARBON

MAM Enclosure 01-01752

OFFICE OF THE CARBON COUNTY COMMISSIONERS CHIEF CLERK COUNTY COURT HOUSE ANNEX MARIE A. MIDAS OF JIM THORPE, PA 18229-1238 CARBON *

PENNSYLVANIA TELEPHONE (717) 325-3611 FAX (717) 325-3622 August 28, 1992

Honorable Arlen Specter Philadelphia Office Room 9400 600 Arch Street Philadelphia, PA 19106 Dear Senator Specter: Attached is a copy of a letter previously forwarded to your Washington office at the request of Commissioner Dean DeLong. With the communication, I had sent an original letter addressed to the US Department of Justice for disposition via your office. To date, I have not received any acknowledgement or response. We would appreciate a written communique from the Department relative to the County's concern. Any assistance in this matter of importance would be most appreciated. Respectfully,

Marie A. Midas Chief Clerk COUNTY OF CARBON MAM Attachment cc: Commissioner Dean DeLong 01-01753