U.S.

Department of Justice

Civil Rights Division

Coordination and Review Section

P.O. Box 66118

Washington, D.C. 20035-4118

DEC 16 1993

Ms. Yvonne Balagna

Michigan Senate Majority Policy
Office
Olds Plaza, 11th Floor
Lansing, Michigan 48909-7536

Dear Ms. Balagna:

This responds to your inquiry about the requirements of the

Americans with Disabilities Act (ADA) for wheelchair
accessibility in the Michigan Senate gallery.

The ADA authorizes the Department to provide technical

assistance to individuals and entities that have rights and
responsibilities under the Act. We are not, however, able to
provide opinions on specific fact situations. This letter
provides informal guidance to assist you in understanding how the
ADA may apply to you. However, this technical assistance does
not constitute a determination by the Department of Justice of
your rights or responsibilities under the ADA and does not
constitute a binding determination by the Department of Justice.

Title II of the ADA, which applies to public entities (State

and local governments), prohibits discrimination against
qualified individuals with disabilities in a public entity's
services, programs, or activities and adopts strict architectural
accessibility standards for facilities constructed or altered
after the effective date of the statute. Section 35.150 of the
Department of Justice's regulation implementing title II, 28
C. F. R. pt. 35 (copy enclosed) , requires "program access," rather
than "facility access," for buildings and facilities existing on
the effective date. It provides that services, programs, or
activities operated by public entities must be readily accessible
to and usable by individuals with disabilities (unless providing
access would result in a fundamental alteration in the program or
activity or in undue financial and administrative burdens), but

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does not require that existing facilities be made accessible.

Removal of architectural barriers is one method of providing
access to programs and activities in existing facilities, but
other methods are also permitted if they provide program
access.1/

Section 35.150 (b)(1) of the regulation provides that, in

making structural alterations to an existing facility, a public
entity must meet the requirements of S 35.151 for alterations.
Section 35.151 provides that portions of a facility altered by a
public entity must be readily accessible to and useable by
individuals with disabilities and provides that State and local
governments can follow either the Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities (ADAAG)2
or the Uniform Federal Accessibility Standards (UFAS)3 in new
construction and alterations.

Thus, title II of the ADA requires that individuals with

disabilities, including individuals who use wheelchairs, are able
to participate in and benefit from the programs and activities
made available in the Senate gallery. If the Senate chooses to
make structural alterations to the existing facility in order to
provide program access, it should refer to the requirements for
accessible routes and accessible assembly areas in ADAAG or UFAS,
as well as the specific provisions for historic properties, if
applicable.

_________

1 If structural alterations are necessary to provide

program access, the regulation requires public entities to
develop transition plans for completion of the necessary
alterations within three years. Individuals with disabilities
who are able to use a facility, however, may not be excluded on
the basis of their disabilities merely because the facility is
not fully accessible.

2 ADAAG is the standard for private buildings that was

issued by the Architectural and Transportation Barriers
Compliance Board (the Access Board) under title III of the ADA
and was adopted by the Department of Justice as the standard for
places of public accommodation and commercial facilities covered
by the Department of Justice's regulation implementing title III
of the ADA. The ADAAG is published as Appendix A to the
Department's title III regulation, 28 CFR Part 36.

3 UFAS is the standard required for new construction and

alterations under section 504 of the Rehabilitation Act of 1973,
as amended.

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I am enclosing, for your information, copies of the

Department's regulations implementing titles II and III (which
includes a copy of ADAAG), our Technical Assistance Manuals for
titles II and III, and UFAS. I hope this information is helpful.

Sincerely,

Stewart B. Oneglia
Chief
Coordination and Review Section
Civil Rights Division

Enclosures

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