# 166



II-3.3000                                    May 1, 1995






XXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX  XXXXXXXXXX

Dear Mr. XXXXXX:

     I am responding to your letter to President Clinton
regarding section 35 of the general business law of the State of
New York, as amended in 1991.  Please excuse the delay in
responding.  As we understand it, section 35 permits cities with
a population in excess of one million people to apply laws
governing street vendors to disabled veterans on the same basis
as those laws apply to others.  You indicate that section 35 has
resulted in the loss of employment for 176 disabled veterans in
New York City, and express additional concern that the act will
not expire on July 1, 1995, as provided in the statute.  

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under title II (State and local governments) and
title III (public accommodations) of 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.

     Under title II, public entities, such as the New York City
Department of Consumer Affairs, may not deny services to
individuals on the basis of disability, if it makes those
services available to other citizens.  Generally, however, it is
not required to provide special programs, services, or privileges
for individuals with disabilities if it does not provide them for
individuals without disabilities.  It does not appear that
section 35 of the general business law of the State of New York
violates the ADA because both persons with disabilities and
persons without disabilities are subjected to the same
requirements.  For this reason, the Department of Justice is
unable to assist you in this matter.

     You may wish to contact your State's vocational
rehabilitation agency for information about programs that might
be available to assist individuals with disabilities in finding
alternatives that may be available.  You may reach Vocational
Educational Services for Individuals with Disabilities through
the New York State Education Department in Albany at 1-800-222-
5627.  The Brooklyn Center for Independence of the Disabled may
also have information that would be helpful.  They can be
contacted at (718) 625-7500.  Another possible resource, which
you may have already contacted, is the New York City office of
the Department of Veterans Affairs.     

     I hope this information is helpful to you and wish you the
best of luck in your endeavors.

                                   Sincerely,

  


                                 John L. Wodatch
                                      Chief
                            Disability Rights Section