# 114


II-5.2000
II-6.2000                                    December 9, 1993


202-PL-529




Mr. John J. Philip
Supervisor of Field Operations
The State Library of Ohio
65 South Front Street
Columbus, Ohio  43266-0334

Dear Mr. Philip:

     I am responding to your letter asking for clarification of
the requirements of the Americans with Disabilities Act (ADA).
You have asked if the ADA requires bookmobiles operated by public
libraries to be equipped with wheelchair lifts.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act.  This letter provides informal
guidance to assist you in understanding the ADA and the
Department's regulation.  However, this technical assistance is
not a legal interpretation of the statute, and it is not binding
on the Department.

     Title II of the ADA prohibits discrimination on the basis of
disability in the programs, activities, and services of public
entities.  A public library is an entity subject to the
requirements of title II.  Therefore, a public library is
required to ensure that each of its programs, including its
bookmobile program, is accessible to individuals with
disabilities.  However, this obligation to provide access to each
program does not necessarily require a public entity to make each
of its facilities accessible.

     Bookmobiles are "facilities" subject to title II; but there
is no established design standard for accessible mobile
facilities such as bookmobiles.  Therefore, a public library is
not required to purchase new bookmobiles that meet specific
design criteria or to retrofit existing bookmobiles to meet a
specific standard.  A library that operates a bookmobile may
choose to meet its program accessibility obligations by
installing a wheelchair lift on the vehicle, or it may choose to
provide access to the program through other methods, such as the
use of aides to locate and retrieve books for people with
disabilities.

     For your information, I am enclosing a copy of the
Department of Justice regulation implementing title II and the
Title II Technical Assistance Manual.  I hope that this
information is helpful to you.

                                      Sincerely,



                                   John L. Wodatch
                                        Chief
                                Public Access Section

Enclosures