# 175

II-1.1000
II-1.2000
II-6.3300

VIA FACSIMILE AND REGULAR MAIL               September 8, 1995




Marjorie Rifkin, Esq.
American Civil Liberties Union Foundation 
The National Prison Project
1875 Connecticut Avenue, N.W., Suite 410
Washington, D.C.  20009

     Re:  ADA Title II Coverage of Prisons
     
Dear Ms. Rifkin:

     This letter responds to your inquiry about the scope of the
Americans with Disabilities Act ("ADA"), 42 U.S.C.  12101-
12213.  Specifically, you requested guidance regarding whether,
in the view of the U.S. Department of Justice, state prisons are
covered by title II of the ADA.  

     The Department of Justice is authorized by the ADA to
provide what is called "technical assistance" to aid persons or
entities in their ADA compliance efforts.  42 U.S.C.  12206.  
We are responding to your inquiry pursuant to this authority. 

     It is the view of the Department of Justice that title II
covers state prisons.  This is evident from the terms of the ADA
statute and the title II regulation.  See 42 U.S.C.  12132
(prohibiting discrimination on the basis of disability by public
entities); 28 C.F.R.  35.102 (describing title II as applicable
to all services, programs, and activities provided or made
available by public entities).  See also 28 C.F.R.  35.190
(designating the Department of Justice as the agency responsible
for implementing administrative enforcement procedures in all
programs, services, and regulatory activities relating to
correctional institutions, among others).  See also references to
correctional institutions in the Department's interpretive
guidance to the regulation (preamble) (e.g., 28 C.F.R.  35.130)
and the Title II Technical Assistance Manual published by the
Department (e.g., section 2-6.3300.)  See also 36 C.F.R. Pt. 1191
App. A; 59 Fed.Reg. 31,676 (ADA Accessibility Guidelines, Interim
Final Rule) at 12.1 (containing specific architectural standards
for correctional facilities.)  

     Further, the regulations implementing Section 504 of the
Rehabilitation Act of 1973 -- which prohibits discrimination
against individuals with disabilities by programs receiving
federal financial assistance, and is the basis for title II --
define "program" to include the operations of a department of
corrections.  See 29 U.S.C.  794(a); 28 C.F.R.  42.540(h).

     We hope that this information is helpful to you.
 
                            Sincerely,




                         Sheila M. Foran 
                             Attorney
                    Disability Rights Section