OCT 26 1994

The Honorable William F. Clinger, Jr. U.S. House of Representatives 2160 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Clinger: This letter is in response to your inquiry on behalf of your constituent, XX , regarding the requirements of the Americans with Disabilities Act (ADA). XX appears to be concerned about excessive tax money being spent to make existing public facilities accessible to persons with disabilities who are not likely ever to use them. XX does not provide specifics about any particular facility or costs involved in improving accessibility. XX appears to misunderstand the scope of the obligations of the ADA which does not require State and local governments to bear undue financial burdens in modifying existing facilities. Title II of the ADA prohibits State and local governments from discriminating on the basis of disability in all of their programs, services and activities. To fulfill this obligation, State and local governments are not required to make every building accessible. However, the State or local government must insure that all programs and services offered to the public are made accessible. If a particular service is ordinarily offered on the second floor of a building having no elevator, the program access requirement can be met by also offering the service in another accessible location rather than installing an elevator in the building. Even if making structural modifications to an existing building is the only possible means to provide access to a program, the ADA does not require such modifications if the State or local government can demonstrate that doing so will cause an undue administrative or financial burden.


-2I hope the information provided above will assist you in responding to XX concerns. Sincerely,

Deval L. Patrick Assistant Attorney General Civil Rights Division 01-03488


July 14, 1994 Rep William F Clinger Jr 2160 Rayburn House Office Building Washington, DC 20515 Dear Representative Clinger: I see an excessive amount of money being spent due to mandates under the A.D.A. Bill. I am not cold hearted, but it seems most of the facilities being created will never see a disabled person and that makes it a waste of a valuable resource - tax dollars. Why do you people

always allow a basically good idea go to the overkill stage. We are talking about a very small percentage of our population dictating the expenditures of very large sums of money. It is outrageous to destroy and recreate. New construction-yes, repairing-yes. What are the chances of Washington recognizing this gross injustice to taxpayers? We can't afford this law. By the way, we have a wheel chair bound person in our family who shares these views. Sincerely, XX