DJ 202-PL-521 MAY 14 1993 Mr. Garritt Toohey Vice President Tamar Inns, Inc.

9000 International Drive Orlando, Florida 32819 Dear Mr. Toohey: I am responding to your letter asking about the application of the requirements of title III of the Americans with Disabilities Act (ADA) to the construction of parking facilities at a convention hotel that will be built by Tamar Inns, Inc. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This letter provides informal guidance to assist you in understanding the ADA and the Department's regulation. However, this technical assistance does not constitute a determination by the Department of your rights or responsibilities under the ADA, and it is not binding on the Department. You have asked the Department to comment on the petition to the State of Florida Board of Building Codes and Standards filed by Tamar Inns to seek a waiver from the State's requirement to provide reserved accessible parking spaces. This petition is based on your company's plan to provide parking for people with disabilities through the use of a valet parking service. The State has deferred action on your petition until the Department responds to your inquiry. The first issue that we must address is the relationship between State and Federal law in this area. The ADA does not preempt State authority in the area of accessible design. When the State and Federal requirements differ, an entity that is subject to both State and Federal requirements must comply with the more stringent requirement applicable to each element of the facility that is being constructed. The State is not authorized to enforce the ADA or to grant waivers from its requirements. cc: Records, Chrono, Wodatch, Breen, Blizard, FOIA, Library i:\udd\mercado\plcrtltr\toohey.jlb

-2With respect to your specific question, we note that a convention hotel is a place of lodging subject to the requirements of title III of the ADA, which requires, among other things, that all new construction must meet the requirements of the Standards for Accessible Design ("Standards") that were adopted by the Department of Justice regulation implementing title III, 28 C.F.R. Part 36. The Standards are reprinted as Appendix A to the regulation. The requirements for accessible parking in a newly constructed facility are contained in section 4.1.2(5) of the Standards. If self-parking is provided for employees or guests of a facility, accessible parking spaces must be provided in compliance with the requirements of 4.1.2(5). If a facility provides only valet parking, then it is required to comply with sections 4.1.2(5)(c) and 4.1.2(5)(e) . The ADA does not permit a waiver of the requirements established by the Standards. For your information, I am enclosing a copy of the Department's regulation implementing title III and the Title III Technical Assistance Manual. I hope that this information is helpful to you. Sincerely, John L. Wodatch Chief Public Access Section Enclosures

TAMAR, INNS, INC. AMERICA'S BEST LODGING VALUE April 6, 1993 Chief John L. Wodatch Public Access Section Civil Rights Division Department of Justice P.O. Box 66738 Washington, D.C. 20035-6730 Dear Chief Wodatch: I recently had several conversations with your technical hotline and finally ended up speaking with Tito Mercado in your office on April 5, 1993. Attached, please find a copy of our petition to the State of Florida Board of Building Codes and Standards requesting a waiver from the Handicapped Parking Requirement specifically, the number of spaces to be provided. We propose to provide zero spaces and replace that with a service that is intended to be superior. A summary of that service is as follows: 1. All guests of the hotel drive under the portecochere as their first order of business. At the porte-cochere, we have a 24 hour staff inclusive of doorman, bellman and valet parking attendants. 2. At that time, a person, or, persons requiring handicapped parking services would be identified and without charge and no gratuities allowed, our staff would assist this person in any manner they desired. 3. The valet parking service would be available at no gratuity and no charge, and all baggage services will be available at no gratuity and no charge. 4. Anyone wishing to operate their own automobile would be accommodated by an escort to our valet parking area where space will be cordoned off for their vehicle according to their needs, and any additional assistance provided according to their

needs. Chief Wodatch, it is our intention to provide this service in lieu of the traditional parking spaces for several reasons: ---------------------------------------------Chief John L. Wodatch Page 2 April 6, 1993 The property is quite large .... 20 acres inclusive of an eight story parking garage (enclosed, please find a proposed site plan.). Out of 2,000 spaces, approximately 1,300 will be in the garage and 700 surface parking. We feel it is more convenient for those who require handicapped parking to utilize our services under the porte-cochere in lieu of having to find handicapped parking space either in the garage or on the surface. Neither of which will be convenient to the main entry point. Furthermore, from our experience, the need for handicapped parking spaces fluctuates quite considerably. There are times when we need very few and there are other times when we might not have enough. The code penalizes the owner if he is trying to maximize parking and handicapped utilization is low, and the code penalizes the owner and user of handicapped parking when the demand is greater than the number of spaces available. Under our proposed scenario, every guest requiring handicapped parking services will be provided the same amenity in whatever quantity is required. The issue for our company is relative to the level of service we wish to provide. We would. like our clients to be happy with the services and the facilities and most importantly, return to utilize them again and again. We are sensitive towards our guest's individual needs instead of the collective requirements of all. The Omni Rosen will be a headquarters convention hotel dedicated towards a greater level of service than all of its competitors and providing the same for as much as half of what its competitors charge. Our policy towards those persons with disabilities is only one of many policies that set us apart from the industry standards. Based upon the recommendation of the Florida Building Codes

Standards Board, we respectfully request a determination by the Justice Department as to whether or not this would meet the intent of the Americans With Disabilities Act. ------------------------------------------------------------Chief John L. Wodatch Page 3 April 6, 1993 I would appreciate a quick response as we will be submitting our plans for building permit in the near future. If however, there is any further information you need at this time, please let me know and I will forward along posthaste. Sincerely, Garritt Toohey Vice President TAMAR INNS, INC. GT*mw cc: Mr. Al Bragg, Dept. of Community Affairs, Tallahassee Ms. Mary Kathryn Smith, Dept. of Community Affairs, Tallahassee PLEASE NOTE THAT THE SITE PLAN WILL FOLLOW UNDER SEPARATE COVER.