# 193
II-2.1000 II-2.4000
II-2.8000 II-3.2000
II-3.3000 II-5.1000
II-5.2000                                    April 29, 1996


The Honorable Bill Young
U.S. House of Representatives
Washington, D.C.  20515-0910

Dear Congressman Young:

     This is in response to your letter on behalf of your
constituent, Mr. XXXXXXXXXXXXXXXX, regarding the Americans with
Disabilities Act of 1990 (ADA).  Please excuse our delay in
responding.

     Mr. XXXXXXXXX asks about the ADA's application to Florida's
assessment of a fee for issuance of a permit to be displayed in a
vehicle to indicate that its occupant has a disability and is
entitled to use designated accessible parking spaces.

     Title II of the ADA requires State and local government
entities to make their programs, including their public parking
programs, accessible to individuals with disabilities. 
Therefore, if a State or local government provides parking at a
facility, it must provide an appropriate number of accessible
parking spaces for individuals with disabilities.  In order to
ensure that the accessible spaces are available when needed by
individuals with disabilities, the spaces must be reserved for
the exclusive use of such individuals.  According to 
Mr. XXXXXXXXXXX letter, the State of Florida effects the
reservation of accessible parking spaces by requiring users of
such parking to display a particular permit.

     Title II of the ADA prohibits a public entity from imposing
a surcharge on an individual with a disability for any measure
that is necessary in order to ensure nondiscriminatory treatment
required by the ADA.  28 C.F.R.  35.130(f) (enclosed).  Because
accessible parking is required by the ADA to be reserved for
individuals with disabilities and because the issuance of permits
is Florida's method of reserving the accessible spaces, Florida
may be prohibited from charging a fee for such permits.

     However, if Florida provides some alternate means, such as
license plates with the international symbol of accessibility
(ISA), to allow individuals with disabilities to use accessible
spaces and if there is no surcharge for the alternate means, then
Florida may charge for its special permits, as long as the
coverage of the two means is equivalent (i.e., every individual
with a disability has the choice and no one is required to use
just one of the options).

     Florida law apparently authorizes issuance of ISA license
plates to individuals who use wheelchairs.  Consistent with the
ADA, Florida apparently charges such individuals the same fee for
such plates as it charges non-disabled individuals for ordinary
plates.  However, individuals with disabilities that limit their
ability to walk significant distances, but who do not use
wheelchairs, are apparently not given the option, under Florida
law, of applying for ISA license plates.  Instead, they are
required to obtain a parking permit by paying a $15 fee.  
For these individuals, for whom there is no surcharge-free option
for obtaining access to required accessible parking spaces, the
assessment of the extra fee appears to violate title II of the
ADA.

     I hope this information is helpful to you in responding to
your constituent.

                                             Sincerely,





                                          Deval L. Patrick
                           Assistant Attorney General
                             Civil Rights Division

Enclosure