T. 9-1-94

DJ 202-PL-842

                                              SEP 7 1994

Judge Craig S. Albert
Chardon Municipal Court
108 South Hambden Street
Chardon, Ohio 44024-1285

Dear Judge Albert:

        This is in response to your letter regarding application of
the Americans with Disabilities Act of 1990 (ADA) to renovation
of the Chardon Municipal Court of Geauga County, Ohio.

        The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act. Pursuant to that authority,
this letter provides informal guidance to assist you in
understanding the ADA. However, this technical assistance does
not constitute a legal interpretation of the statute, and it is
not binding on the Department.

        Title II of the ADA applies to all services, programs, and
activities provided or made available by a State or local
government, including the operation of courts. Title II requires
that whenever a covered facility, or part thereof, is altered,
the altered portion of the facility must, to the maximum extent
feasible, be made accessible to people with disabilities. 28
C.F.R. S 35.151(b). A public entity may choose to apply either
the ADA Standards for Accessible Design (Standards), 28 C.F.R.
pt. 36, Appendix A (except that the elevator exception of the ADA
Standards does not apply to title II entities), or the Uniform
Federal Accessibility Standards (UFAS), 41 C.F.R. pt. 101-19.6,
Appendix A, as the standard for accessibility of alterations. 28
C.F.R. S 35.151(c).

        Under title II, therefore, all renovated areas of the
Chardon Municipal Court building must be made accessible. In
addition, if the ADA Standards are applied, whenever a primary
function area of the building is renovated, the path of travel to
that area must also be made accessible unless the cost would be
disproportionate to the cost of the alteration to the primary
function area. 28 C.F.R. pt. 36, Appendix A, S 4.1.6(2). If, on
the other hand, UFAS is applied, and if the renovation is a
substantial alteration, then a public entity must, in addition to

cc: Records, Chrono, Wodatch, Blizard, Hill, FOIA, Friedlander
    n:\udd\hille\policylt\albert.ltr


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making the altered area accessible, provide at least one
accessible route, at least one accessible entrance, and
accessible toilet facilities. 41 C.F.R. pt. 101-19.6, S 4.1.6(3).

        The Department of Justice does not grant waivers or
exemptions from the accessibility standards. However, in
applying the chosen accessibility standard to alterations, some
flexibility is permitted. Under the ADA Standards, strict
compliance is not required where it would be technically
infeasible (i.e, where it would require removal of a load-bearing
structural member or where existing physical or site constraints
prevent compliance). 36 C.F.R. pt. 36, Appendix A, S 4.1.6(1)(j).
Under UFAS, strict compliance is not required where it would be
structurally impracticable (i.e., it would require removal of a
load-bearing structural member or it would result in increased
cost of 50% or more of the value of the element involved). 41
C.F.R. pt. 101-19.6, Appendix A, S 4.1.6(3). In addition,
departures from the ADA Standards are permitted where the
alternatives will provide substantially equivalent or greater
access. 28 C.F.R. pt. 36, Appendix A, S 2.2.

        For areas that are not being altered, title II requires a
public entity to ensure that the services, programs, or
activities provided in those areas, when viewed in their
entirety, are accessible. This requirement does not necessarily
require a public entity to make structural changes to unaltered
areas if there are other effective means of providing program
access. In choosing among means of providing program access,
however, a public entity must give priority to methods that
provide the most integrated setting appropriate. 28 C.F.R.
S 35.150(b).

        The requirements applicable to your particular situation can
be found in the enclosed regulation implementing title II. I am
also enclosing the regulation implementing title III of the ADA,
which includes the ADA Standards for Accessible Design.

        I hope that this information is helpful to you.

                                        Sincerely,




                                     John L. Wodatch
                                          Chief
                                  Public Access Section

Enclosures

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