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The Honorable Spencer Abraham United States Senator 301 E.

Genesee Street, #100 Saginaw, Michigan 48607 Dear Senator Abraham: I am responding to your letter on behalf of your constituent, XX , regarding the application of the Americans with Disabilities Act (ADA) to zoning ordinances. The response to your letter was delayed because of the shutdown of the Federal government. I apologize for any inconvenience to your constituent. According to the documents enclosed with your letter, the zoning administrator of Hawes Township, Michigan, has determined that XX wood processing business violates the agricultural zoning of his land. XX argues that, because he is an individual with a disability, the ADA exempts his business from local zoning ordinances. Title II of the ADA prohibits discrimination on the basis of disability in the programs, services, and activities of State and local government entities. Title II requires public entities to make reasonable modifications to their policies, practices, and procedures, including their zoning policies, practices, and procedures, when such modifications are necessary to ensure that individuals with disabilities are not subjected to discrimination because of their disabilities. While title II may require reasonable modification of discriminatory zoning ordinances and procedures, it does not provide a general exemption from zoning requirements for individuals with disabilities. Individuals with disabilities must generally comply with their local zoning requirements just as non-disabled individuals must comply. cc: Records, Chrono, Wodatch, McDowney, Blizard, Hill, FOIA Udd:Hille:Policylt:Abr XX 01-04138 -2-

I hope this information is helpful to you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division 01-04139 ​Nov 6, 1995 Senator Spence Abrham 301 E. Genesee Suite 100 Saginaw, Mi. 48607 Att; Mr. John Potbury Mr. John Potbury, Enclosed you will find a copy of the letter I received from Mr. Lawrence A. Brown, Zoning administrator for Hawes township. In late JUly when Mr. Brown was here he asked about the shop and I told him at that time I had always worked with wood. I was suprised to get this letter and really dont know what he is complaining about. In the spring of XX XX asked me to make him some 2X4 and 1X4 wood stakes which I did. This was my first customer, The second was XX XX which I also made stakes for. Which we have continued to this day. XX I was in a accident and broke my back and as a result I am completely parolized from the chest down. So in the spring of XX and I started reparing and selling lawn & garden equip. Which XX continued until about XX at which time the stake business took off like crazy. XX went door to door talking to engineers and surveyors, Rd. commissions, anyone who might use wood stakes. With the old customers and all the new ones picked up it was easy giving up the lawn & garden business. A couple years back the zoning administrator came to us and told us not to get to big. If a company has a good product you cant help but grow. We now have XX

our logs brought here and have Can't Eardly lumber co. come in with his portable saw mill's and cut our lumber. Through the growth of the business we have helped to take 5 families off the welfare roll. These families do not directly work for us, they work on the saw mill's, for trucking and in the woods. We now serve 41 customers from engineers, Const. companies, surveyors, road comm. & etc. I dont know if there was a misunderstanding between Mr. Brown and myself or what. I also was under the impression I came under the A.D.A. (American Disability Act). Perhaps you could inform me of this. I would be more then happy to work with Mr. Brown, If he would like some measurements, Id be more then happy to get them for him. I do not feel I should pay the $150.00 he is requesting as I feel the zoning board has made the mistake not me. Thank you, XX XX October 24, 1995 XX XX XX Mr. & Mrs. XX 1. This letter is to advise you that the present use of your land for commercial wood processing purposes is in violation of the agricultural zoning for your property. During my recent inspection of your property in late July 1995, I discussed this matter with you and asked how you made the transition from a small-motor repair service, which was grandfathered, to your present operation and you stated it was without the approval of the Hawes Township Planning/Zoning Committee, Your reasoning was that because of your handicap situation, approval to start up a new business or change types of operation was not required based on a Michigan Handicap law. I advised you that I was not aware of any such law but I would investigate the matter and get back with you. It was the advice of legal counsel that there is no such law on Michigan records and that your operation without having prior approval of the township is in violation of the township ordinance.




You are hereby notified that all on-site wood processing operations should cease until you have received written approval for such land use from the Planning/Zoning Committee. Application for such approval can be made through the undersigned by submittal of written request showing property lines, setbacks, building dimensions, storage areas, and operational procedures, together with a check for $50.00 to serve as deposit to activate the review and approval process. You will then be notified of the date and location of the public hearing at which time you will be expected to pay the balance of the special hearing cost which is a total of $150.00. You may also submit your application to the secretary of the P/Z Committee: Marian Wilburn 1934 Quick Rd. Lincoln, MI. 48742 Tel. 736-6178 For additional information regarding this letter or submittal procedures, you may contact either Mrs. Wilburn or myself. Strict compliance is expected on receipt of this letter. Lawrence A. Brown Zoning Administrator Hawes Township XX XX XX



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