SEP 7 1995



XX
XX
Seattle, Washington XX

Dear XX


     I am responding to your letter to President Clinton
regarding the variance you requested to close off the open
concrete staircase leading into your basement. You complain that
the City of Seattle will not grant you a variance although you
need to close off the staircase because of your disability.

     Title II of the Americans with Disabilities Act of 1990
(ADA) prohibits discrimination against qualified individuals with
disabilities on the basis of disability by State and local
governments. Section 35.130(a) of the Department of Justice's
Title II regulation (enclosed) provides that no qualified
individual with a disability shall, on the basis of disability,
be excluded from participation in or be denied the benefits of
the services, programs, or activities of a public entity, or be
subjected to discrimination by any public entity. Section
35.130(b)(7) of the Title II rule states 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 or result in undue financial or administrative burdens.

     Thus, the city of Seattle may be required to grant a
variance to you if a variance is necessary to avoid
discrimination on the basis of disability, unless Seattle can
demonstrate that granting the variance would result in undue
financial or administrative burdens.

cc: Records; Chrono; Wodatch; Milton; McDowney; FOIA
    udd\nilton\letters\variance.xx






                                                                               
       
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       I am enclosing a copy of the Department's Title II Technical
  Assistance Manual for your information. I hope this information
  is helpful to you.

                                             Sincerely,




                                          John L. Wodatch
                                               Chief
                                     Disability Rights Section
                                       Civil Rights Division















      
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