Rod W Simmons AIA


04 March 1992

Mr. John Wodatch, Director
Office on the Americans with Disabilities Act
Civil Rights Division
U. S. Department of Justice
Washington, D.C. 20530

RE:     Americans with Disabilities Act of I 990 (ADA)

Dear Mr. Wodatch:

The following issues are being submitted for clarification of the 
intent of the referenced rules.

Section 36.103, Relationship to Other Laws, includes paragraph (c) 
Other laws, which states: "This part does not invalidate or limit the 
remedies, rights, and procedures of any other Federal laws, or State or 
local laws (including State common law) that provide greater or equal 
protection for the rights of individuals with disabilities or 
individuals associated with them."

The Department of justice preamble (Federal Register page number 35547) 
to this section states in part: "Paragraph(c) makes clear that Congress 
did not intend to displace any of the rights or remedies provided by 
other Federal laws or other State or local laws(including State common 
law)that provide greater or equal protection to individuals with 
disabilities. A plaintiff may choose to pursue claims under a State law 
that does not confer greater substantive rights, or even confers fewer 
substantive rights, if the alleged violation is protected under the 
alternative law and the remedies are greater.  A plaintiff may join a 
State tort claim to a case brought under the ADA."

The ATBCB preamble (Federal Register page 35412) relative to this same 
section states in part: "An entity that is covered by both the ADA and 
another Federal law or regulation which requires compliance with 
accessibility standards must comply with the specific provisions that 
provide for greater accessibility."

The concept of complying with the standard that provides for greater 
protection is generally clear; however, it is not clear what remedies 
maybe applied to enforce compliance with either applicable standard, 
nor how the two standards should be integrated.

If another Federal, State or local law requires accessibility in a 
greater scope (for example, in facilities not covered by the ADA or in 
a greater percentage of accessible elements), but greater accessibility 
would be provided in the same facilities if the ADA technical standards 
were applied to the facility covered by the other Federal, State, or 
local law (but not covered by the ADA scoping provisions), which 
technical standards and which scoping provisions must be followed?


01-02288

Mr. John Wodatch
U.S. Department of Justice
04 March 1992
Page Two



If another Federal, State, or local law requires compliance with a 
specific provision that provides for greater accessibility, but has a 
relatively insignificant remedy (or none at all), and the corresponding 
ADA standard provides for the same or less accessibility, but has a 
greater remedy, is the greater remedy (ADA) applied to enforce the 
other standard that provides for greater accessibility?

If another Federal, State, or local administrative authority does not 
enforce their own standard which provides for greater accessibility 
than the ADA, is this other Federal, State, or local administrative 
authority in violation of the ADA or other Civil Rights law?

Please respond to the above questions as soon as possible.

Sincerely,




Rod Simmons








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