T. 11-19-93


DJ 202-PL-471



Ms. Charlotte Halsema
Patient Representative
Indiana University Medical Center
Hospital Administration
University Hospital 1305
550 North University Boulevard
Indianapolis, Indiana 46202-5262

Dear Ms. Halsema:

     This letter is in response to your letter in which you ask
if there is any regulation that prevents you from metering
accessible parking spaces. I apologize for the delay in our
response.

     The Americans with Disabilities Act (ADA) authorizes the
Department of Justice to provide technical assistance to
individuals and entities that are subject to the Act. This
letter provides informal guidance to assist you in understanding
the ADA accessibility standards. However, this technical
assistance does not constitute a legal interpretation of the
application of the statute and it is not binding on the
Department.

     Section 36.202(c) of the regulation issued by the Department
under title III provides that, "A public accommodation shall not
provide an individual or class of individuals, on the basis of a
disability or disabilities of such individual or class, directly,
or through contractual, licensing, or other arrangements, with a
good, service, facility, privilege, advantage, or accommodation
that is different or separate from that provided to other
individuals, unless such action is necessary to provide the
individual or class of individuals with a good, service,
facility, privilege, advantage, or accommodation, or other
opportunity that is as effective as that provided to others." As
long as the accessible parking spaces comply in number and size
with the ADA requirements, there is no need to provide a separate
and additional benefit of free parking for people using these
spaces. You are therefore free to meter accessible parking
spaces as long as nonaccessible spaces in the same area are
metered as well.

cc: Records, Chrono, Wodatch, Blizard, Johansen, FOIA , Friedlander
n:\udd\mercado\plcrtltr\halsema.lkj
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                          - 2 -

We hope this information is helpful to you. We are
enclosing a copy of the title III regulation as well as our Title
III Technical Assistance Manual.

                        Sincerely,



                       John L. Wodatch
                           Chief
                    Public Access Section

Enclosures



























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