T.

11/18/92
SK:SBO:ca
DJ# 193-180-15348
NOV 24 1992

The Honorable Arlen Specter

United States Senator
Suite 9400, Federal Building
600 Arch Street
Philadelphia, PA 19106

ATTN: Ms. Mary Clark

Dear Senator Specter:

This letter is in response to your inquiry on behalf of

Marie A. Midas, Chief Clerk, County of Carbon, who requested a
response to her letter of May 13, 1992, to the Office on the
Americans with Disabilities Act. We regret that we have been
unable to locate a record of that letter.

The 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 Ms. Midas. However, this technical assistance does
not constitute a determination by the Department of Justice of
the County's rights or responsibilities under the ADA and does
not constitute a binding determination by the Department of
Justice.

As indicated in section II-5.0000 of the enclosed Technical

Assistance Manual, title II of the Americans with Disabilities
Act requires for existing facilities that programs and activities
operated by public entities must be accessible to individuals
with disabilities. Title III of the ADA establishes different
requirements for places of public accommodation operated by
private entities, and a copy of our Title III Manual is also
enclosed for your information. The relationship between the
title II requirements for public entities and the title III
requirements for private entities is discussed in section
II-1.2000 of the Title II Manual, and the examples in that
section may be relevant to Ms. Midas' concerns. Illustration #2
indicates that when a city leases to a restaurant, newsstand, and
travel agency, the city is a landlord subject to title II even
cc: Records, CRS, Friedlander, Kaltenborn, McDowney, FOIA, Breen
:udd:kaltenborn:specter

01-01749

though the tenants are public accommodations covered by title

III. Also, section II-5.5000 of the Manual discusses the
application of the program accessibility requirements to programs
operated in historic properties.

I hope that this information is helpful to you in responding

to Ms. Midas.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division

Enclosure

01-01750
 OFFICE OF THE
CARBON COUNTY COMMISSIONERS
COMMISSIONERS COUNTY COURT HOUSE ANNEX
DEAN D.W. DELONG, CHAIRMAN OF JIM THORPE, PA
TOM C. GERHARD, VICE-CHAIRMAN 18229-1238
JOHN D. MOGILSKI CARBON *
PENNSYLVANIA TELEPHONE (717) 325-3611
FAX (717) 325-3622
May 13, 1992

US Department of Justice
Civil Rights Division
Office on the Americans with Disabilities Act
Washington, DC 20035

Dear Sir/Madam:

The County of Carbon owns a downtown historic structure and in turn

rents space to a bank, tourist agency and small railline. It has been
brought to my attention as ADA Coordinator that the bank (branch) is not
handicapped accessible due to a threshold step at the entrance to same.

I am aware that the County as landlord is subject to Title II

regulations of the ADA Act. However, the bank is governed by Title III. If
a ramp, portable or otherwise is erected, the doorway would not accommodate
wheelchair passage. Consequently, a full accommodation would result in a
structural change. The building in question is an 1888 train station within
a National Historic District. Thus, historic standards would also apply.
Any historical modification would be cost-prohibitive at this time.

The bank has a main location which is approximately 1 1/2 miles from
the branch site. As the bank has provided full banking services at a main
office which is handicapped accessible, safer, less congested, including
adequate parking and within close proximity to the branch, have they met ADA
compliance? What regulations would govern in this case? Would a service
doorbell and appropriate signage satisfy accessibility standards?

The County would appreciate your written response in this matter.

Thank you for your time and consideration.

Sincerely,

Marie A. Midas
Chief Clerk
COUNTY OF CARBON

MAM
cc: Carbon County Board of Commissioners
County Administrator

01-01751
OFFICE OF THE
CARBON COUNTY COMMISSIONERS
COMMISSIONERS COUNTY COURT HOUSE ANNEX
DEAN D.W. DELONG, CHAIRMAN OF JIM THORPE, PA
TOM C. GERHARD, VICE-CHAIRMAN 18229-1238
JOHN D. MOGILSKI CARBON *
PENNSYLVANIA TELEPHONE (717) 325-3611
FAX (717) 325-3622

May 14, 1992

Senator Arlen Specter
Room 342
Russell Senate Ofc. Bldg.
Washington, D.C. 20510

Dear Senator Specter:

Commissioner Dean DeLong has requested that I forward the enclosed

correspondence for your handling in obtaining a timely response from the US
Department of Justice relative to our concern.

Thank you for your kind assistance.

Sincerely,

Marie A. Midas
Chief Clerk
COUNTY OF CARBON

MAM
Enclosure

01-01752

OFFICE OF THE
CARBON COUNTY COMMISSIONERS
CHIEF CLERK COUNTY COURT HOUSE ANNEX
MARIE A. MIDAS OF JIM THORPE, PA
18229-1238
CARBON *
 PENNSYLVANIA TELEPHONE (717) 325-3611
FAX (717) 325-3622

August 28, 1992

Honorable Arlen Specter

Philadelphia Office
Room 9400
600 Arch Street
Philadelphia, PA 19106

Dear Senator Specter:

Attached is a copy of a letter previously forwarded to your Washington

office at the request of Commissioner Dean DeLong. With the communication,
I had sent an original letter addressed to the US Department of Justice for
disposition via your office.

To date, I have not received any acknowledgement or response. We would

appreciate a written communique from the Department relative to the County's
concern.

Any assistance in this matter of importance would be most appreciated.

Respectfully,

Marie A. Midas
Chief Clerk
COUNTY OF CARBON

MAM
Attachment
cc: Commissioner Dean DeLong
01-01753