FEB 13 1995 DJ 202-PL-865

Mr. Wilfredo Davila Director & Chief ADA Compliance Officer Bergen County Office on the Disabled Administration Building Court Plaza South 21 Main Street, West Wing, Room 113-W Hackensack, New Jersey 07601-7000 Dear Mr. Davila: This is in response to your letter about a public accommodation's responsibility to provide accessible parking under the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that have rights and responsibilities under the ADA. This letter provides informal guidance to assist you in understanding the ADA. This technical assistance, however, does not constitute a determination by the Department of Justice of any entity's rights or responsibilities under the ADA and is not binding on the Department of Justice. In your letter you correctly noted that the Department of Justice regulation implementing title III provides that a public accommodation must remove architectural barriers in existing facilities when such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense. Providing accessible parking spaces is one type of architectural barrier removal. To the extent it is readily achievable, barrier removal measures must comply with the ADA's requirements for alterations, including the ADA Standards for Accessible Design. Determining the application of these general rules to a specific place of public accommodation requires a case-by-case assessment of whether the required barrier removal is readily

achievable that takes into account the following factors: cc: FOIA

01-03614 -21) The nature and cost of the action; 2) The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of the action on the operation of the site; 3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; 4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and 5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity. If the public accommodation is a facility that is owned or operated by a parent entity that conducts operations at many different sites, the public accommodation must consider the resources of both the local facility and the parent entity to determine if removal of a particular barrier is "readily achievable." The administrative and fiscal relationship between the local facility and the parent entity must also be considered in evaluating what resources are available for any particular act of barrier removal.

I hope that this information is helpful to you. Sincerely,

Janet L. Blizard Supervisory Attorney cc: Mr. Philip C. Hochman Special Counsel Bergen County Office on the Disabled ADA Project 120 Summit Avenue Dumont, NJ 07628 01-03615