OCT 6 1994

The Honorable Dan Coats United States Senator 1180 Market Tower 10 West Market Street Indianapolis, Indiana 46204-2964 Dear Senator Coats: This is in response to your inquiry on behalf of your constituent, Mr. Wallace Young of the Vincennes Aerie No. 384, Fraternal Order of the Eagles, in Vincennes, Indiana. Mr. Young has asked about requirements for accessible parking at the Vincennes Aerie. The Vincennes Aerie may be subject to title III of the Americans with Disabilities Act (ADA), which applies to places of public accommodation. However, the Vincennes Aerie may constitute a private club and may, therefore, be exempt from the requirements of the ADA, except to the extent its facilities are made available to nonmembers as places of public accommodation. Whether the Vincennes Aerie constitutes a private club will depend on such factors as whether the members exercise a high degree of control over club operations, whether the membership selection process is highly selective, whether substantial membership fees are charged, and whether the organization is operated on a nonprofit basis. To the extent the Vincennes Aerie may be covered by the ADA, the requirements of title III regarding existing facilities would apply. Title III requires public accommodations in existing facilities to remove architectural barriers to access if it is readily achievable to do so. Providing accessible parking spaces is a type of barrier removal that is likely to be readily achievable for many public accommodations. The ADA Standards for Accessible Design, Appendix A to the enclosed title III regulation, S 4.1.2(5), provide a table for use in determining the number of accessible parking spaces that should be provided. The number of accessible spaces needed depends upon the total number of parking spaces in the lot. cc: Records, Chrono, Wodatch, Hill, McDowney, FOIA, Friedlander

:\udd\hille\policylt\lugar.ltr 01-03458

-2Mr. Young's letter indicates that the Vincennes Aerie has provided some accessible parking spaces, but has prevented people with disabilities from parking in those spaces. The ADA requires that accessible parking spaces be designated as reserved for the use of people with disabilities. The ADA further requires covered entities to make reasonable modifications in policies, practices, or procedures when necessary to afford services to individuals with disabilities. Therefore, a covered entity may be required to alter a policy of preventing people with disabilities from using accessible spaces and to institute a policy reserving accessible spaces for the exclusive use of people with disabilities. In addition to the ADA's requirements, the State of Indiana may have laws regarding accessible parking. If Mr. Young wishes to have further information about the requirements of the ADA, he may contact our ADA information line at (800) 514-0301 (voice) or (800) 514-0383 (TDD). I hope this information is useful to you in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General

Civil Rights Division Enclosure 01-03459

BE A PATRON EAGLE EVERY MEMBER OWES AT LEAST ONE NEW MEMBER TO HIS AERIE EACH YEAR Vincennes Aerie No. 384 -- Fraternal Order of Eagles Office of the Secretary: 1325 Willow St. Business Phone 882-9301 Buffet Phone: 882-9930 VINCENNES, INDIANA July 14, 1994 Senators Lugar & Coates 1180 Market Tower 10 West Market Street Indianpolis, Indiana 46204 Gentlemen: I am asking for assistance in a matter of handicapped parking. We are having problems with the Board of Trustees telling our members where to park and ordering handicapped members to move their vehicles from spaces marked for that purpose. The Trustees are the Officers who are engaging in this illegal discriminatory practice. Our Grand Aerie, or Parent Lodge, has told me that they agree with me that, since we are incorporated into a corporation that we each own this organization

equally can have and are entitled to equal rights and that the Trustees cannot assume the sole jurisdiction of any of the property. I would like to know the procedure to follow if the persist in their discriminating ways. Thank you in advance for your assistance and I am, Sincerely, Wallace Young, Secretary Aerie #384, F.O.E. 01-03460