DEC 11 1995


The Honorable Olympia J. Snowe
United States Senator
3 Canal Plaza, Suite 601
P.O. Box 188
Portland, Maine 04112

Dear Senator Snowe:

        This is in response to your inquiry on behalf of your
constituent, XX              , concerning the enforcement of
Federal disability rights laws in her area. XX       is
concerned that Federal laws are being ignored and that some
businesses are choosing to comply with State laws instead.

        Please note, initially, that local law enforcement and
building code officials do not have authority to enforce Federal
disability rights laws such as the Americans with Disabilities
Act (ADA) or the Rehabilitation Act of 1973. When both a State
law and a Federal disability rights law apply to a certain
facility, both laws must be followed, and thus the more stringent
provisions of the two laws must be met. If State law provisions
differ from the ADA requirements in a way that results in less
accessibility, then an entity subject to the construction
requirements of the ADA is required to comply with the Federal
standard. To the extent that the Federal standard is
irreconcilable with the State standard, a covered entity must
comply with the Federal standard.

        As the article enclosed with XX         letter notes, the
Department of Justice is attempting to address the potential
problem of overlapping State and Federal law through the ADA
certification process. Under this program, State and local
governments may submit their building codes to the Department for
certification that the codes' requirements meet or exceed the
requirements of the ADA. If such certification is granted for a
State or local code, an entity whose building is built in
compliance with the certified code will be able to rely on the
certified code as "rebuttable evidence" of compliance with the
ADA. Thus, such certification, although not a guarantee against
findings of noncompliance, would allow builders to rely on their
State or local codes and on the local systems of preliminary
investigation, approval, and enforcement, rather than having to

cc: Records, Chrono, Wodatch, McDowney, Milton, FOIA
    n:\udd\milton\congress\tosue.sno\sc. young-parran
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do independent reviews of both the local and Federal laws. The
State of Maine has applied for such certification and its
submission is under review by the Department.

        In the event that a covered entity undertakes construction
that violates the Federal disability rights laws, XX       has
several enforcement options. First, she may file a complaint
with this office by sending her allegations in writing to the
Disability Rights Section, Civil Rights Division, U.S. Department
of Justice, P.O. Box 66738, Washington, D.C. 20035-6738. As an
alternative to investigation by a Federal agency, XX       may
file a lawsuit in the appropriate Federal district court. She
would not need any approval letter from the Department of Justice
before proceeding. XX       also may seek to resolve her
complaints through alternative dispute resolution. The enclosed
brochure describes such processes.

        I hope this information is helpful to you in responding to
your constituent.

                                Sincerely,
                             Deval L. Patrick
                        Assistant Attorney General
                           Civil Rights Division
Enclosure
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To: Honorable Senate Snowe
From: XX
Re:Handicap Accessability
Dear Senator Snowe,

        I live in XX
accident that left me a Quadriplegic. I am having problems
with towns and businesses making sidewalks and ramps
accessible so people with disabilities can get around better.
The laws are there but there is no one to enforce them.
State laws and the federal laws are so different that some
businesses are going by state laws and are not following
federal laws.

        There is a Restaurant in XX  that did a lot of remodeling
and was told by the code enforcement office and the Fire
Marshall's office that she didn't meet Federal Laws. She
told them she chose to go by the State Laws only. I
contacted an Attorney and he has been talking with her and
she still say she didn't break any Federal Laws. She put in
a new door and steps but no ramp.

        The town of XX      wouldn't make their town accessible
until I called the Maine Civil Liberties Union. They said I
had a case against XX      . They got an Attorney for me
and XX      decided to do the work instead of going to
court. I have been working with the City of XX  and they
are trying to get all their sidewalk done. Some people with
disables give up and won't fight for their rights. The laws
are there and we shouldn't have to fight to get something
done. There needs to be someone to enforce the laws. There
is a Fire Inspector and Plumming Inspector but no one to
force the handicapped laws. I talked to Brian Trask about it
and he agrees with me. He said he can tell people what has
to be done but he can't go and make them do it. I don't know
if you can help but maybe you know someone who can. I'm
sending you a copy of Opening More Doors. I circled
enforcement changes so you can check into it.

                                Thank You,
                                XX
01-04111