SEP 14 1995

The Honorable Bill Paxon Member, U.S. House of Representatives 5500 Main Street Williamsville, New York 14221 Dear Congressman Paxon: I am responding to your inquiry on behalf of your constituent, William Reemtsen, City Manager of the City of Batavia, New York. Mr. Reemtsen asked whether the Americans with Disabilities Act (ADA) requires a municipal government to ensure that accessible seating locations in newly constructed stadiums provide sightlines over standing spectators for people who use wheelchairs. Mr. Reemtsent's letter also asked you to determine the source of a single-page document containing this requirement that was provided to Mr. Reemtsen by the Eastern Paralyzed Veterans of America (EPVA) to enable him to determine if this is a "new" ADA requirement, or merely a preference of the EPVA. The document enclosed with Mr. Reemtsen's letter was copied from the 1994 supplement to the Department of Justice Title III Technical Assistance Manual. The Department initially published this manual in 1992 to assist people to understand their rights and responsibilities under the ADA. A copy of the Technical Assistance Manual is enclosed for your reference. The manual does not establish "new" requirements; it explains the requirements that are now published. In this specific instance, the Technical Assistance Manual is addressing the requirement found in section 4.33.3 of the ADA Standards for Accessible Design, which provides that -wheelchair areas shall be an integral part of any fixed seating plan and shall be provided so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those for members of the general public.

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-228 C.F.R. pt. 36, App. A, 4.33.3. The Technical Assistance Manual explains that in order to provide a "comparable" line of sight for a person using a wheelchair in an assembly area, such as a sports stadium, where it can be reasonably predicted that spectators will stand to observe the events that are occurring, it is necessary to ensure a line of sight over standing spectators from wheelchair locations. For your information, I am enclosing copies of the Department's regulations implementing titles II and III of the ADA and the Department's Technical Assistance Manuals. If Mr. Reemtsen has additional questions, he may contact the Department's ADA information line (800-514-0301 (voice) or 800514-0383 (TDD)). Members of the Disability Rights Section staff are available to answer questions on the information line from 10:00 a.m. to 6:00 p.m., Eastern time, on Monday, Tuesday, Wednesday, and Friday. On Thursday, the information line is staffed from 1:00 p.m. to 6:00 p.m. I hope that this information will assist you in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-03906