202-PL-00049

AUG 31, 1992

William T. McNett, Chairman
Bradford County Commissioners
Bradford County Court House
Towanda, Pennsylvania 18848

Dear Mr. McNett:

        This letter responds to your correspondence requesting
information about the Americans with Disabilities Act, 42 U.S.C.
12101-12213 (ADA). The ADA 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 you in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation and it is not binding on the Department.

        Specifically, your letter inquires whether your county
government must microfilm or computerize its real estate records
in order to accommodate an attorney who states that he has
difficulty handling the record books because he has only one arm.
You state that county staff have been directed to offer
assistance to the individual and that "tremedous expense" would
be involved in transforming the records into electronic data.

        Title II of the Americans with Disabilities Act (ADA)
governs the operations of local and state governments. Title II
and its implementing regulations require public entities to make
reasonable modifications in their 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. If, as you indicate, you can provide full access to
the records by having staff assist in lifting and handling the
record books, further modifications would not be "necessary to
avoid discrimination."

cc: Records, Chrono, Wodatch, Magagna, Barrett, FOIA, Library
    Udd:Barrett:PL.49

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                                -2 -
        I have enclosed copies of the title II regulation and the
Department's Technical Assistance Manual. I hope this
information will be useful to you.

                                Sincerely,

                                Joan A. Magagna
                                 Deputy Chief
                Office on the Americans with Disabilities Act

Enclosures (2)
        Title II regulation
        Title II Technical Assistance Manual

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