T.

1/25/94
SBO:AMP:ca
DJ 204-41-0

15

Mr. Mark Smith

Executive Director
Coalition of Citizens with Disabilities
3111 North State Street, Suite 2
Jackson, Mississippi 39216

Dear Mr. Smith:

This letter responds to your inquiry to Senator Thad Cochran

requesting clarification regarding a perceived conflict between
the requirements of Mississippi State law and those of the
regulations implementing title III of the Americans with
Disabilities Act of 1990 (ADA). Senator Cochran has requested
our assistance in responding to your inquiry.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities with rights or
obligations under the Act. This letter provide informal
guidance to assist you in understanding the requirements of the
ADA. It does not, however, constitute a legal interpretation and
is not binding on the Department of Justice.

We understand from you letter that Mississippi State law

requires that the curbs and striping of handicapped parking
spaces be painted blue and that, because the ADA Accessibility
Guidelines (ADAAG) do not specify a paint color for such spaces,
certain businesses have asserted that they are not required to
use blue paint in designating handicapped parking.
Further, you report that, in some localities, restrictions on the
use of such spaces are not enforced because they are not painted
blue in compliance with State law.

Your understanding that State laws that provide greater or

equal protection for the rights of individuals with disabilities
than are afforded by the ADA are not invalidated or limited by
the ADA is correct. See Section 501 (b) of the ADA. If a
particular building or facility is covered by both the ADA and a
State statute, an entity covered by the ADA should comply with
those technical requirements of each law that provide the
greatest degree of access. If there is no conflict between the
ADA and State law, the requirements of both should be met.

cc: Records CRS Chrono MAF Pecht.congress.93.cochran.con

McDowney FOIA
01-02931

-2-

In this instance, the Mississippi State law requiring

parking spaces to be painted blue does not conflict with ADAAG
(and, may even provide greater access). Under such
circumstances, parking spaces should be painted blue in
accordance with State law and should be designed and constructed
so as to otherwise follow the law providing the greatest degree
of access. For example, if ADAAG requires that such spaces be of
a greater width than State law requires, then ADAAG would apply.

I hope this information is helpful to you.

Sincerely,

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

cc: The Honorable Thad Cochran

01-02932