OCT 27 1992


The Honorable Robert S. Walker
U.S. House of Representatives
2369 Rayburn House Office Building
Washington, D.C. 20515-3816

Dear Congressman Walker:

        This letter responds to your inquiry on behalf of (b)(6)
concerning the Americans with Disabilities Act (ADA).

        The Americans with Disabilities Act authorizes the
Department of Justice to provide technical assistance to
individuals and entities having rights or obligations under the
Act. This letter provides informal guidance to assist your
constituent in understanding the ADA's provisions. However, it
does not constitutes a legal interpretation, and it is not
binding on the Department.

        We understand (b)(6) inquiry as follows: He uses a
wheelchair. Presumably because of a State or local law or
regulation relating to land use, he has been prohibited from
installing running water in a cabin that he owns. He has asked
whether the ADA includes any provisions that would require that
he be given permission to install running water in his cabin.

        Title II of the ADA prohibits State and local governments
from discriminating against individuals with disabilities. The
general provisions of this title are discussed in the enclosed
Department of Justice regulation. Specifically, the provisions
that may apply to this situation are in Section 35.130(b)(7),
which appears beginning at the bottom of page 35718, and requires
a public entity to make reasonable modifications in policies when
necessary to avoid discrimination on the basis of disability.
Further discussion of this provision is included on page 13 of
the enclosed Technical Assistance Manual for title II.

cc: Records; Chrono; Wodatch; Breen; McDowney; FOIA; MAF.
    :udd:jonessandra:ada.walkerl
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                                     - 2 -
        We are unable to determine from the information provided
whether these provisions would require the State or local entity
to permit (b)(6) to install running water on his property.
If, after reviewing the enclosed materials, (b)(6) believes
the ADA requires such a modification of the rule creating the
prohibition, he can proceed as explained on pages 45-8 of the
Manual.

        I hope this information assists you in responding to (b)(6)

                                   Sincerely,

                                 John R. Dunne
                           Assistant Attorney General
                             Civil Rights Division

Enclosures (2)

01-01670

September 30, 1992

CONGRESSIONAL INQUIRY
(b)(6)
Stevens, Pennsylvania

(b)(6) is confined to a wheelchair.  (b)(6) owns a
cabin in State Run, Pennsylvania. He has been told that since he
owns less than an acre of land he is unable to put a toilet and
running water in the cabin.  (b)(6) was wondering if there is a
provision within the Americans with Disabilities Act which would
allow him to place a toilet and running water in his cabin.

This Congressional office requests information that will allow for
a satisfactory reply to my constituent.

Bm

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