# 199



DJ 202-76-0

August 29, 1996




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Dear Mr. XXXXX:

     This responds to your letter expressing your concerns about
the expenditures incurred by the county of Llano, Texas in its
effort to comply with the Americans with Disabilities Act (ADA). 
Specifically, you inquired as to whether there were provisions in
the ADA to reduce the threshold of compliance for small
government entities with limited resources, such as Llano County. 

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
responsibilities under the Act.  This letter provides informal
guidance to assist you in understanding the ADA and the
Department's regulations.  However, this technical assistance
does not constitute a determination by the Department of Justice
of the county's responsibilities under the ADA and does not
constitute a binding determination by the Department of Justice.

     Title II of the ADA prohibits discrimination against
qualified individuals with disabilities on the basis of
disability in all programs, activities, and services provided by
or on behalf of State and local governments.  The Department of
Justice's regulation implementing title II provides that a public
entity may not deny the benefits of its programs, activities, and
services to qualified individuals with disabilities because the
entity's facilities are physically inaccessible to individuals
with disabilities.

     A public entity is required to provide "program
accessibility," rather than "facility accessibility," for
facilities existing before the effective date of the ADA.  In
other words, the entity is required to operate each service,
program, or activity it provides so that, when viewed in its
entirety, the service, program, or activity is readily accessible
to and usable by individuals with disabilities.  Providing 
program access does not necessarily require a public entity to 
make each of its facilities fully accessible.  Removal of
architectural barriers is one method of providing access to
programs and activities in existing facilities, but other methods
are also permitted if they, in fact, ensure that programs are
available to individuals with disabilities.  For example, program
access can be achieved by relocating services from inaccessible
buildings to accessible ones, by assigning aides to program
beneficiaries, or by delivering services to alternate accessible
sites.  Only when there is no other way to provide access must a
State or local government undertake structural modifications to
its existing buildings.  

     In providing program access, a public entity is not required
to take any action that it can demonstrate would result in undue
financial and administrative burdens or in a fundamental
alteration in the nature of its services, programs, or
activities.

     Your letter states that there is a sparse population of
people with disabilities in Llano County, resulting in only a
minimal demand for access to government services.  The apparent
lack of a large number of county residents with disabilities does
not waive or otherwise limit the obligation to provide program
access.  However, as stated above, the ADA is a flexible statute
that allows common sense, practical solutions.  In particular,
the program accessibility standard allows State and local
governments -- particularly those with limited means and of small
size -- to make their programs accessible with cost-effective
steps.  At any rate, no State or local government is required to
take any steps that would result in an undue financial or
administrative burden.  

     For your information, I have enclosed the Department of
Justice regulation implementing title II and the Title II
Technical Assistance Manual.  These materials more fully describe
the scope of the program accessibility requirement.  I hope this
information is helpful to you.  Should you have additional
questions, please call the Department's ADA Information Line at
1-800-514-0301 (V) or 1-800-514-0383 (TDD).

                                   Sincerely,

  


                                 John L. Wodatch
                                      Chief
                            Disability Rights Section

Enclosures