# 170


III-3.1000
III-4.4200
III-7.4300                                   June 15, 1995



The Honorable Dianne Feinstein
United States Senator
1700 Montgomery Street, Suite 305
San Francisco, California  94111

Dear Senator Feinstein:

     I am responding to your letter on behalf of your
constituent, XXXXXXXXXXXXXXXXXXX, who is inquiring about the
application of the Americans with Disabilities Act (ADA) to the
provision of accessible parking spaces at an existing place of
public accommodation, and to local enforcement of laws pertaining
to the provision of accessible parking spaces.  Please excuse the
delay in responding.

     Title III of the ADA, which prohibits discrimination against
persons with disabilities by public accommodations, requires the
owners or operators of a place of public accommodation, such as a
race track, to remove architectural barriers to access.  If a
public accommodation provides parking, the absence of accessible
parking spaces is considered to be an architectural barrier that
precludes independent use of the place of public accommodation by
people with disabilities.

     In removing architectural barriers, a public accommodation
is required to comply with the ADA Standards for Accessible
Design to the extent that it is readily achievable, that is,
easily accomplishable and able to be carried out without much
difficulty or expense.  The requirements for accessible parking
are contained in section 4.1.2(5) of the ADA Standards for
Accessible Design, a copy of which is enclosed.  If self-parking
is provided for employees or guests of a facility, accessible
parking spaces should be provided in compliance with the
requirements of 4.1.2(5).

     The ADA authorizes the Department of Justice to investigate
alleged violations of title III.  However, the ADA does not
authorize the Department to pursue every complaint.  The
Department may seek judicial relief only in instances where there
appears to be a pattern or practice of discrimination or where an
issue of general public importance is involved.  For cases that
do not fall within those categories, the ADA relies on private
individuals to enforce their rights through litigation in Federal
court.  This prioritization of cases allows the Department to
focus its resources on cases that will have far-reaching effects,
for example, by educating individuals and entities about their
rights and responsibilities under the Act and by setting legal
precedents that can make later cases simpler or even unnecessary.

     Enforcement of local parking regulations is a matter
governed by State or local law.  The ADA does not contain
provisions specifically requiring law enforcement officials to
ensure that accessible parking spaces are occupied only by
persons with disabilities.  Decisions made by local law
enforcement officials as to how to allocate scarce enforcement
resources are a matter of local prosecutorial discretion that
typically would not raise ADA concerns.

     I hope that this information is helpful to you in responding
to your constituent.  As you requested, we are returning
XXXXXXXXXXXX correspondence.

                            Sincerely,




                         Deval L. Patrick
                    Assistant Attorney General
                      Civil Rights Division

Enclosures