# 26


II-3.6100

                                                 August 6, 1992

DJ 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 of 1990, 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 that have rights
or obligations under the Act.  This letter provides informal
guidance to assist you in understanding the ADA requirements. 
However, it does not constitute a legal interpretation, and it is
not binding on the Department.

     The regulations issued by the United State Department of
Justice under title II of the ADA, provide that "[a] public
entity shall make reasonable modifications in policies, 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. {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.

     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