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# 152

II-3.7000
II-5.1000 August 2, 1994

The Honorable Mark O. Hatfield


United States Senator
Special Districts Center
727 Center Street, N.E.
Suite 305
Salem, Oregon 97301

Dear Senator Hatfield:

This letter is in response to your inquiry on behalf of your


constituent, XXXXXXXXXXXXXXXXXXXX, regarding his complaint
against the Oregon State Lottery Commission under the Americans
with Disabilities Act of 1990 (ADA).

The ADA authorizes the Department of Justice to provide


technical assistance to individuals and entities that are subject
to the Act. This letter provides informal guidance to assist you
in understanding provisions applicable to your constituent.
However, this technical assistance does not constitute a legal
interpretation of the application of the statute and it is not
binding on the Department.

Mr. XXXXXXXXXXXX asserts that the Oregon State Lottery


Commission contracts with private businesses in the operation of
their Video Poker, Keno, Megabucks, and Scratch Off games. He
states further that this contract requires the private retailers
to comply with all Federal, State, and local ordinances,
including the ADA. Mr. XXXXXXXXXXX believes that, under the ADA,
the Oregon State Lottery Commission can only contract with retail
stores that are fully accessible.

Title II prohibits discrimination on the basis of disability


by State entities such as the Oregon State Lottery Commission.
Section 35.130(b) of the Department's title II regulation states
that a public entity, in providing any aid, benefit, or service,
may not directly or through contractual arrangements, on the
basis of disability, deny a qualified individual with a
disability the opportunity to participate in or benefit from the
aid, benefit, or service. This does not mean, however, that the
State Lottery Commission must ensure full accessibility in all of
the retail outlets with which it contracts. In existing
facilities, title II requires State and local governments to
ensure "program access," which means that the lottery program,
when viewed in its entirety, must be accessible to qualified
persons with disabilities. The Oregon State Lottery Commission
must ensure that its lottery program, but not necessarily each
individual facility that sells lottery tickets, is accessible to
persons with disabilities. Moreover, under the concept of
"program access," structural changes to facilities are only
required when there is no alternative (such as curbside service)
available.

Because Mr. XXXXXXXXXXXXX letter raises issues of compliance


under title II, it has been accepted by this office as an
official complaint under the ADA. We will contact him directly
regarding his complaint.

I hope this information is helpful to you in responding to


your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division