JUL 2 1992

T. 6/26/92
SBO:LMS:KGF
DJ 192-180-07642

The Honorable Wayne Owens

U.S. House of Representatives
1728 Longworth House Office Building
Washington, D.C. 20515-4402

Dear Congressman Owens:

This letter responds to your inquiry on behalf of your

constituent, Mayor Elden Sandino, Town of Stockton, Utah, who
expresses concern about the town's financial ability to make the
restrooms in its town building accessible to individuals with
disabilities. Mayor Sandino also notes the need for Federal and
State funding for the removal of barriers.

The Americans With Disabilities Act (ADA) authorizes the

Department of Justice to provide technical assistance to entities
that are subject to the Act. This letter provides informal
guidance to assist you in responding to your constituent.
However, this technical assistance does not constitute a
determination by the Department of Justice of your constituent's
rights or responsibilities under the ADA and does not constitute
a binding determination by the Department of Justice.

Title II of the ADA and the Department of Justice's title II

regulation require that a local government provide access to its
programs, services, and activities to individuals with
disabilities. To the extent that the town provides its programs,
services, and activities to the public in its town building, they
must be readily accessible to and usable by individuals with
disabilities. The concept of program accessibility is discussed
on pages 19-22 of the enclosed title II technical assistance
manual.

Normally, where toilet facilities are furnished to

individuals participating in the programs, services, and
activities offered in the town building, those facilities also
must be accessible to individuals with disabilities. See title
II technical assistance manual at page 19, Illustration 1.
Stockton, however, is not required to make alterations to its
facilities, if the town can demonstrate that the expense of

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making its public toilet facilities accessible would result in

undue financial and administrative burdens. See enclosed copy of
the Department of Justice's title II regulation at 28 C.F.R.
S 35.150(a)(3).

If the alterations to the facilities would result in such

burdens, the public entity must take other actions that would not
result in such hardships but would help to provide access. 28
C.F.R. S 35.150(a)(3). Thus, Mayor Sandino's suggestion for
using accessible portable toilet facilities may be an option,
should the town determine that undue burdens would result from
making its regular toilet facilities accessible. The portable
facilities should be available during the periods of time when
the regular facilities are available. 28 C.F.R. S 35.130(b)(ii).

With respect to Federal funding for barrier removal, the

Department of Housing and Urban Development (HUD) provides
community development block grants designed to assist low and
moderate income households and communities. These grants may be
used to remove architectural barriers that restrict accessibility
to publicly owned and privately owned buildings, facilities, and
improvements. For information on applying for a community
development block grant, Mayor Sandino should contact HUD's
Office of Block Grant Assistance at (202) 708-3587.

I hope this information is helpful to you in responding to

your constituent's inquiry.

Sincerely,

John R. Dunne
Assistant Attorney General
 Civil Rights Division
Enclosures (2)

01-00995

United States
Architectural and Transportation Barriers Compliance Board

1331 F Street, NW * Suite 1000 * Washington, DC 20004-1111 * 202-272-5434

(V/TDD
* FAX 202-272-5447

APR 15 1992

Congressman Wayne Owens

1728 Longworth House Office Building
Washington, D.C. 20515-4402

Attn: Rob Morse

Dear Congressman Owens:

Thank you for your correspondence bringing to our attention the concerns
of Mr. Elden Sandino, Mayor of the Town of Stockton, regarding the
accessibility
requirements of the Americans with Disabilities Act (ADA).

The Stockton City Hall would be covered by the regulations promulgated by

the Department of Justice under title II of the ADA which prohibits
discrimination on the basis of disability in State and local government
services. Section 35.150 of the regulations outlines the requirements for
program accessibility in existing facilities. This section explains the
general
provisions of program accessibility for existing facilities; suggests methods
for achieving program accessibility; and outlines the time period for
compliance. I have enclosed a copy of the regulations.

Because this matter falls within the jurisdiction of the Department of

Justice, I am also taking the liberty of bringing this matter to their
attention.

Thank you for contacting the Access Board. Please let me know if I can be
of further assistance.

Sincerely,

Lawrence W. Roffee
Executive Director

Enc. (2)

The Access Board

01-00996

Town of Stockton
Stockton, Utah 84071

October 25, 1991

Congressman Wayne Owens

125 South State Street
Room 2311
Salt Lake City, Utah 84401

Re: ADA Regulations

Dear Congressman Owens:

 We, recently received a copy of the ADA Regulations
from the League of Cities and Towns and would like to
address some of our concerns.

We support these regulations in theory and are willing

to do what we can to abide by them. Unfortunately, like
most small towns in the State of Utah, we are very limited
in our funds and feel if these regulations are to be imposed
upon us, some kind of Federal or State funding or grant also
needs to be addressed.

Our building does have a ramp access in the rear, how-

ever our restrooms are down stairs. Our building used to be
an elementary school and the stairs and stalls in the rest-
rooms are rather small. Making these facilities handicap
accessible would be a major undertaking and very costly.
The Town Board has discussed the matter and has decided it
would be feasible to rent a handicapped accessible portable
toilet for times when many people would be using the build-
ing (such as elections) but don't know if this would be an
acceptable solution.

We would appreciate these concerns being addressed for

small towns in Utah.

Respectively,

Elden Sandino, Mayor

elm

01-00997