# 76

III-1.8000
May 25, 1993

DJ 202-PL-00035

Mr. Rod W. Simmons, AIA

HKS, Inc.
1111 Plaza of the Americas North, LB 307
Dallas, Texas 75201

Dear Mr. Simmons:

I am responding to your letter asking for clarification of

the requirements of title III of the Americans with Disabilities
Act of 1990 (ADA), Pub. L. 101-336, 104 Stat. 327 (July 26,
1990), 42 U.S.C. 12101 et seq., and this Department's
regulation implementing title III, 56 Fed. Reg. 35544, to be
codified at 28 C.F.R. pt. 36.

The ADA authorizes the Department to provide technical

assistance to individuals and entities that have rights or
responsibilities under the Act. This letter provides informal
guidance to assist you in understanding the ADA and the
Department's regulation. However, this technical assistance does
not constitute a determination by the Department of Justice of
your rights or responsibilities under the ADA, and it is not
binding on the Department of Justice.

Your letter notes that the ADA and this Department's

regulation provide that the ADA does not invalidate any Federal,
State, or local law that provides greater or equal protection to
people with disabilities, and asks us to clarify how we would
expect this provision to apply in specific fact situations.

In your first question, you ask which law to apply when

there is a Federal, State, or local law that is broader in scope
than the ADA, i.e., that law covers entities not covered by the
ADA, but it establishes technical requirements that are not as
stringent as the ADA's. If a particular facility is subject to a
Federal, State, or local law, but is not within the scope of the
ADA (for example, it is a private club) then only the
requirements of the other statute would apply. If a particular
building is covered by the ADA and another statute, then both
laws apply. To meet the requirements of both laws, you should
comply with the technical requirements of each law that provide
the greatest degree of access.

Your second question addresses remedies. You ask whether,

if a Federal, State, or local law provides greater access than
the ADA, but has less significant remedies, the ADA will be
applied to enforce the substantive requirements of the other
statute. The ADA enforcement process may be used only to enforce
the requirements of the ADA. However, it is possible that in a
situation where the failure to provide access may violate more
than one statute, an aggrieved party may file a single lawsuit
alleging violations of the ADA, and each of the other applicable
statutes, and seek the remedies available under each statute. In
this situation, the appropriate remedy will be determined by the
court.

Finally, you ask if the failure of a governmental entity to

enforce laws that provide for greater access than the ADA
violates the ADA. Title II of the ADA prohibits discrimination
on the basis of disability against individuals with disabilities
in the programs, services, and activities of State and local
governments. States are required to comply with title II, and
may be held liable for noncompliance. It is possible that, in
some circumstances, a failure to enforce an existing State law
could be found to violate title II. In addition, the operation
of State statutes or case law may affect the State's liability
for failure to enforce State laws or regulations.

I hope that this information is helpful to you.

Sincerely,

John L. Wodatch
Chief
Public Access Section