AUG 29 1994 The Honorable Dick Zimmer Member, U.S.

House of Representatives 133 Franklin Corner Road Lawrenceville, New Jersey 08648 Dear Congressman Zimmer: This is in response to your inquiry on behalf of your constituent, XX The Civil Rights Division has no record of having received your previous inquiry. XX complains that shopping malls in his community during winter storms have plowed snow into parking spaces designated for persons with disabilities. XX wants to have malls ticketed for failure to comply with the requirements of the Americans with Disabilities Act (ADA) to maintain accessible parking. Retail shopping facilities are subject to title III of the ADA. The Department's regulation implementing title III does provide that retail shopping facilities maintain their accessible features in operable working condition. This requirement includes keeping accessible spaces free of snow during the winter. However, the ADA does not provide for automatic ticketing or fines as XX seems to believe. Congress created two enforcement tracks under title III. First, private individuals may file suit in Federal court to obtain relief. Second, the Department of Justice may file suit in circumstances where the Attorney General believes there is a pattern or practice of discrimination or discrimination raising an issue of general public importance. A report summarizing the Department's ADA enforcement efforts is enclosed. The Department does not have the resources to pursue every meritorious complaint it receives and we have determined not to investigate XX complaint. We have enclosed a list of organizations in New Jersey that may be able to assist XX in pursuing his complaint. 01-03398 -2-

I hope this will assist you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-03399 ​ XX February 22, 1994 Congressman Pallone 67 Church Street New Brunswick, NJ 08901 Dear Congressman Pallone: A severe injustice against disabled people is being committed and I would like someone to step in and speak up on our behalf. On Valentine's Day, (2/14/94), I went shopping at the East Brunswick mall and found the problem of snow removal in handicapped spaces intolerable. This is not the first time. Every storm we have had, the scenario remained the same. Parking spaces reserved for needy people are empty because most of us can't go out when weather is inclement. Snow plowers take advantage of this opportunity to plow excessive snow into these spots. (where it stays until final snow removal chores are finished or until it melts). This is not an isolated incident; 13 storms in the past three months and everytime the same thing. I went to three malls on Valentine's Day and finally went to the managers office to file a complaint. I parked sideways (I drive a pick up truck, am paralyzed, and need extra room when exiting my truck) in a reserved zone so no one could "block me in", went into the office and filed a complaint. When I came out I found a "violation" on my windshield. I was mad! Being paralyzed I could not reach the ticket on the windshield. I would like to see malls ticketed for not complying with minimum ADA standards. They must have a correct ratio of parking spaces at all times! XX Jamesburg, NJ

Thank you. Very truly yours, XX XX 01-03400 (FORM) TRAFFIC VIOLATION 01-03401