FEB 16 1993

The Honorable Craig Thomas Member, U.S. House of Representatives 2632 Foothill Boulevard, Suite 101 Rock Springs, Wyoming 82901 Dear Congressman Thomas: This letter responds to your inquiry on behalf of your constituent, XX regarding the enforcement of titles II and III of the Americans with Disabilities Act (ADA). 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 or legal advice and it is not binding on the Department of Justice. Please be advised that our staff has already contacted (b)(6) and spoken with XX directly on several occasions. XX has been advised that the provisions of both title II and title III of the ADA may be enforced by either private litigation or through action by the Department of Justice. XX has stated that XX does not intend to file a complaint with the Department at this time. As (b)(6) was informed, title II of the ADA forbids discrimination against people with disabilities in the operations of State and local governments. Although the provisions are similar to those of section 504 of the Rehabilitation Act of 1973, the ADA extends to all agencies or entities run by State and local governments regardless of whether they receive Federal financial assistance. Generally, the Act requires that programs, services, and activities operated by a public entity be accessible to persons with disabilities. This requirement includes the maintenance of accessible parking spaces as well as cc: Records; Chrono; Wodatch; McDowney; Foran; FOIA; MAF. :udd:pinckney\thomas2.cgl

01-01912 -2other accessibility features. The Department of Justice is currently handling over 800 complaints against State and local governments alleged to be in non-compliance with the ADA. A State or local government found violating the ADA may lose all Federal financial assistance. In addition, the Department of Justice may file suit in Federal district court. Private plaintiffs may also bring court action and, in addition to all of the remedies available to the Department, may receive an award of attorney's fees including litigation costs and expenses. For further discussion of the compliance procedures for title II see Subpart F of the enclosed title II regulation at pages 3572135722 and 35713-35715. We also explained to (b)(6) the provisions of title III of the ADA which prohibits discrimination against people with disabilities by private entities, including places of public accommodation and commercial facilities. The Department of Justice is currently handling over 850 title III complaints. Each complaint is assigned to an attorney to head an investigation of the matter, which may include document requests as well as on-site visits to establish whether a violation has occurred. In cases where a violation has been found, the Department of Justice is authorized to bring suite in Federal court. For further discussion of the remedies available under title III see section 36.504 of the enclosed title III regulation at pages 35603 and 35589-35590. Enclosed for your reference are copies of the titles II and III regulations and technical assistance manuals. In addition, you may refer your constituent to the ADA Information Line for more guidance on the provisions of the ADA. That number is (202) 514-0301.

I hope this information is useful to you in responding to your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures (4)

01-01913 January 12, 1993 XX Rock Springs, Wyoming 82901 (b)(6) Sheila Foran Public Access Section Civil Rights Division Department of Justice P.O. Box 66738 Washington, D.C. 20035-9998 Dear Miss Foran: I promised a FAX concerning the specific inadequacies I see in Sweetwater County pertaining to the adherence to the ADA law as passed by the United States Congress. I have been requested by Wyoming State Senator Mark Harris to ask for a delay of any pending action until our Sweetwater delegation has had a chance to

introduce a law or laws to the Wyoming Legislature to clarify the State's position and provide a means of enforcing the law(s). He informed me he had contacted you with this proposal and I have agreed to request that delay. I will keep you informed of the progress that is made and attempt to keep you informed of any violations I become aware of in the meantime, should action be needed by you. Thanks for your help and rest assured I will remain vigilant to deliberate infractions of the law and will keep you updated on any future actions taken by the legislature. Sincerely, (b)(6)

01-01914 JAN 04 1992 December 29, 1992 (b)(6) Rock Springs, WY 82901 The Honorable Richard Stacey U.S. Department of Justice United States Attorney District of Wyoming P. O. Box 668 Cheyenne, WY 82003 Dear Sir: I am writing this letter to clarify partial misinterpretation of

my letter of December 2, 1992, to you concerning Rock Springs, Wyoming's apparent violations of sections of the ADA law. Copies of news articles contain copies of the emergency ordinance that allowed enforcement of handicapped parking violations in all legally posted areas in Rock Springs. The city's parking control officer is doing a very effective job. However, after such a long period had gone by when handicapped parking violations were not enforced due to a ruling by the Rock Springs City Attorney and adherence to his interpretation by the city council, conditions deteriorated severely. The main problem that now exists concerning handicapped parking is that many of the businesses have let their restricted parking spaces deteriorate or never set them aside in the first place. The Plaza Mall, mentioned in my previous letter had four inches of snow pack and ice covering the markings on the tarmac. The manager had a streak of good luck and two days later the upright handicapped "vandalized" signs were back in place. My statement concerning lack of knowledge, information or copies of the new emergency handicapped ordinance to key personnel in the Rock Springs Police Department could be attributable to administration or communication problems. The problem I wish addressed is that no one wishes to accept the responsibility of enforcement set forth in Section III of the ADA law. The Rocket Miner, reporting on the last meeting of the mayor's ADA committee stated the committee was told to go back to basics and assume their ADA responsibilities as concerns only the city property. No one acknowledges the awareness of the existence, and few are aware of the definitions set forth in Public Law No. 101-336, Section 301, Paragraphs 6 and 7 regarding Private Entity and Public Accommodations. The many facets set forth in this same public law, according to my understanding, covering the needs of the handicapped, are not being fully enforced in the Southwest Wyoming area. WHO IS RESPONSIBLE FOR ENFORCEMENT OF THESE LAWS? 01-01915 Penny Harvey, Rock Springs ADA Coordinator, in a Rocket Miner news release said, "We need to get back on track on what we are here for." She also said Mayor Oblock wants the committee to review and advise the city only on city buildings and city projects where ADA is

involved. Mrs. Harvey said the committee should not be reviewing others people's buildings and applications. (Meaning, I presume, anything other than city or city related projects.) No one has been willing to assume responsibility for meeting the requirements of enforcement of ADA Public Law No. 101-336 July 26, 1990, enacted by the Senate and House of Representatives of the United States of America. Handicapped parking is but a small part of the ADA law and many more problems need to addressed. I have made numerous attempts to contact the ADA Representative to whom you forwarded my information in the Department of Justice, to advise them of this information. No one has returned my telephone messages. Please see what the bottleneck is and advise me. Sincerely, (b)(6) c: 5