T. 3/26/92 SBO:RAP:NM:hb DJ# 192-180-04239 APR 03 1992 The Honorable Leon E. Panetta Member, U.S. House of Representatives 380 Alvarado Street Monterey, CA 93940 Dear Congressman Panetta: This letter is in response to your letter on behalf of your constituent, XXX,concerning whether fines may be levied against State and local government entities under the Americans with Disabilities Act (ADA). Title II of the ADA, which covers State and local government entities, incorporates by reference the remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973. The remedies authorized by section 505 include injunctions and damages in certain cases, but they do not include fines or civil penalties. I hope this information has been helpful to you. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division cc: Records; CRS; Oneglia; Wodatch; Kaltenborn; McDowney; hkb 01-00543 March 9, 1992 TO: Assistant Attorney General Office of Legislative Affairs U.S. Department of Justice Washington, D.C. 20530 ENCLOSURE FROM: No enclosures. RE: Ms. XXX XXX would like to know if the Americans with Disabilities Act would allow a government agency, such as a state Community College system, to be fined for noncompliance. She understands that private companies can be fined for not complying with the law, and would like to know if this also applies to public entities. Would you please reply to this question? Thank you for your assistance. Please reply in writing and/or with printed information. Thank you very much for your attention to this matter. Sincerely, LEON E. PANETTA Member of Congress PLEASE RESPOND TO ME AT: 380 Alvarado Street Monterey, California 93940 ATTENTION: Ken Christopher; (408) 429-1976 PRINTED ON RECYCLED PAPER 01-00544