T. 1/25/94 SBO:AMP:ca DJ 204-41-0 15 Mr.

Mark Smith Executive Director Coalition of Citizens with Disabilities 3111 North State Street, Suite 2 Jackson, Mississippi 39216 Dear Mr. Smith: This letter responds to your inquiry to Senator Thad Cochran requesting clarification regarding a perceived conflict between the requirements of Mississippi State law and those of the regulations implementing title III of the Americans with Disabilities Act of 1990 (ADA). Senator Cochran has requested our assistance in responding to your inquiry. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities with rights or obligations under the Act. This letter provide informal guidance to assist you in understanding the requirements of the ADA. It does not, however, constitute a legal interpretation and is not binding on the Department of Justice. We understand from you letter that Mississippi State law requires that the curbs and striping of handicapped parking spaces be painted blue and that, because the ADA Accessibility Guidelines (ADAAG) do not specify a paint color for such spaces, certain businesses have asserted that they are not required to use blue paint in designating handicapped parking. Further, you report that, in some localities, restrictions on the use of such spaces are not enforced because they are not painted blue in compliance with State law. Your understanding that State laws that provide greater or equal protection for the rights of individuals with disabilities than are afforded by the ADA are not invalidated or limited by the ADA is correct. See Section 501 (b) of the ADA. If a particular building or facility is covered by both the ADA and a

State statute, an entity covered by the ADA should comply with those technical requirements of each law that provide the greatest degree of access. If there is no conflict between the ADA and State law, the requirements of both should be met. cc: Records CRS Chrono MAF Pecht.congress.93.cochran.con McDowney FOIA 01-02931 -2In this instance, the Mississippi State law requiring parking spaces to be painted blue does not conflict with ADAAG (and, may even provide greater access). Under such circumstances, parking spaces should be painted blue in accordance with State law and should be designed and constructed so as to otherwise follow the law providing the greatest degree of access. For example, if ADAAG requires that such spaces be of a greater width than State law requires, then ADAAG would apply. I hope this information is helpful to you. Sincerely,

Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division cc: The Honorable Thad Cochran

01-02932