AUG 6 1992

202-PL-00069




The Honorable Donald F. Munson
Senate of Maryland
28 West Church Street
Hagerstown, Maryland 21740-4808

Dear Senator Munson:

     This letter responds to your correspondence regarding the
application of the Americans with Disabilities Act, 42 U.S.C.
12101-12213 (ADA) to the limited use of a golf cart on the
shoulder of a public highway by an individual with a mobility
impairment.

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

     The regulations issued by the United States Department of
Justice under title II of the ADA, provide that "[a] public
entity shall make reasonable modifications in policies,
practices, or procedures when the modifications are necessary to
avoid discrimination on the basis of disability, unless the
public entity can demonstrate that making the modifications would
fundamentally alter the nature of the service, program, or
activity." 28 C.F.R. S 35.130(b)(7).

     Permitting the use of a golf cart as a mobility device on
the shoulder of a public highway where pedestrians are permitted
to walk, in limited circumstances that do not involve a
significant risk to the health or safety of others, would be the
type of modification in State policy contemplated by the cited
portion of our title II regulation. Any assessment of
significant risk must be based on objective evidence and not
generalizations or stereotypes about individuals with
disabilities.

cc: Records, Chrono, Wodatch, Breen, Beardta.202.munson, arthur






01-01109
                                   - 2 -

     We hope that this information is useful to you in
evaluating your constituent's rights under the ADA.

                         Sincerely,




                       John L. Wodatch
                          Director
          Office on the Americans with Disabilities Act








































01-01110
                         SENATE OF MARYLAND
                    ANNAPOLIS, MARYLAND 21401-1991

                           March 30, 1992


James D. Bennett, Director
Coordination and Review
Civil Rights Division
Department of Justice
320 First Street, N.W.
Washington, D.C. 20530

                              Re: American Disabilities Act

Dear Mr. Bennett:

     This office has been contacted by a constituent in an effort
to clarify a question with regard to the use of a golf cart, as a
"temporary" mode of transportation, for a handicapped individual.
The golf cart provides my constituent, who is paralyzed from the
waist down, with some mobility, which he very much enjoys. Through
the use of the golf cart, he is able to visit nearby neighbors and
just simply enjoy the outdoors.
     On occasion, my constituent, in order to go hunting, takes the
golf cart on the shoulder of the road for a distance not to exceed
a half mile. (The road is not heavily-travelled). Recognizing
that this is not an acceptable practice with the State Police, I am
wondering if, under the American Disabilities Act, my constituent's
golf cart can be categorized as his "wheelchair". It is my
understanding that, under the ADA, "wherever a pedestrian can go,
a wheelchair can go." In this case, can the golf cart be used
legally, for a short time, on the shoulder of the road, in lieu of
the wheelchair?

     Thank you for any clarification you can provide regarding this
matter.

                                   Very truly yours,




                                   Donald F. Munson
                                   Senator, District 2

DFM:jt
   XX         (b)(6)
01-01111