# 180


II-3.2000
II-3.3000                               December 28, 1995



The Honorable Richard Shelby
United States Senate
110 Hart Senate Office Building
Washington, D.C.  20510-0103

Dear Senator Shelby:

     I am responding to your letter on behalf of your
constituents, XXXXXXXXXXXXXXXXXXXXXXXX, regarding a county
government's decision to waive garbage collection fees for
individuals who rely on Social Security as their sole source of
income, while requiring payment by individuals relying on
veterans' benefits, disability benefits, or other sources of
income.  Mr. and Mrs. XXXXXXXX argue that such distinctions are
discriminatory against individuals with disabilities and other
individuals.

     Title II of the Americans with Disabilities Act (ADA)
prohibits discrimination on the basis of disability by State and
local government agencies.  Nothing in the ADA prohibits
governments from providing special benefits, discounts, or fee
waivers to individuals with disabilities or groups of individuals
with disabilities.  However, the ADA also does not prohibit the
provision of such benefits, discounts, or waivers only to senior
citizens, as long as the benefits, discounts, or waivers are
offered equally to senior citizens who have disabilities and
those who do not.

     I have enclosed a copy of the Department of Justice's
regulation implementing title II of the ADA and a Title II
Technical Assistance Manual.  I hope this information is helpful
to you in responding to your constituents.

                                   Sincerely,




                                 Deval L. Patrick
                            Assistant Attorney General
                              Civil Rights Division

Enclosures

cc:  Records, Chrono, Wodatch, McDowney, Hill, FOIA
     n:\udd\hille\policylt\shelby.ltr\sc. young-parran