DJ 202-PL-267

NOV 3 1992

Tom Gallagher
Manager, Research and Planning
Department of Employment
P.O. Box 2760
Casper, Wyoming 82602

Dear Mr. Gallagher:

Your letter to the Architectural and Transportation Barriers

Compliance Board requesting information about the Americans with
Disabilities Act (ADA) was referred to this office for response.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements;
however, it does not constitute a legal interpretation and it is
not binding on the Department.

Your letter describes an ordinance, adopted by the city of

Casper, Wyoming, allowing certain individuals, including persons
with disabilities, to purchase curbside parking rights on a
monthly basis. Under this ordinance, persons with disabilities
are allowed to park along a curb for up to eight hours a day for
a monthly fee of $25. Your letter questions whether some
recourse is available to you because you believe that this
ordinance is discriminatory. Included with your letter was a
brochure describing the city's parking regulations in the
downtown area of Casper, Wyoming.

The ADA prohibits State and local government entities from

denying benefits or services to any person with a disability, if
that person would otherwise be entitled to those benefits or
services. 42 U.S.C. 12132; 28 C.F.R. 35.130. Furthermore,

[a] public entity may not place a surcharge

on a particular individual with a disability
or any group of individuals with disabilities
to cover the costs of measures ... that are
required to provide that individual or group
 with nondiscriminatory treatment required by
the Act or this part.

cc: Records, Chrono, Wodatch, Magagna, Friedlander, Nakata, FOIA

Udd:Nakata:202.PL.267.Gallagher

01-01686​
-2-
28 C.F.R. 35.130(f).

According to the brochure included with your letter, the

city of Casper allows free curbside parking for up to two hours
in the downtown area. Ordinarily, curbside parking is not
allowed beyond two hours. Because persons with disabilities are
allowed to stay at the curbside for longer periods of time, the
city is offering persons with disabilities a service not
generally available to the public. The Department of Justice's
regulation specifies that the ADA does not prohibit a local
government from providing a benefit or service to persons with
disabilities that goes beyond those required by the ADA. 28
C.F.R. 35.130(c).

Furthermore, the $25 per month fee does not appear to be

discriminatory. Long-term parking is provided in the city's
Parking Garage Structure for a cost of $.35 per hour after the
first two hours. Therefore, a person working an eight-hour day
in the downtown area could park along the curb for two hours,
then move to the Parking Garage Structure, stay for free for two
hours, then pay $.35 for the remaining four hours. Therefore, a
person could park in the downtown area for $1.40 per day or $28
per month (assuming a 20-day work month). Because the $25 per
month curbside parking fee for persons with disabilities is less
than the parking fee that a non-disabled person would ordinarily
have to pay for monthly parking in the downtown area, the $25 fee
does not appear to be a discriminatory surcharge.

Under certain circumstances, a city's parking policy might

be discriminatory. For instance, if the monthly parking fee in
the city's parking garages were higher for persons with
disabilities than for persons without disabilities or if these
garages did not provide adequate parking spaces for persons with
disabilities, the city might be in violation of the ADA. These
circumstances, however, are not indicated in your letter.

I have enclosed a copy of the Department's recently

published Title II Technical Assistance Manual which may further
assist you in understanding the obligations of public entities
under the ADA. I hope this information is useful to you.

Sincerely,

John Wodatch
Director
Public Access Section

Enclosure
Title II Technical Assistance Manual
01-01687​

UNITED STATES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE
BOARD
1331 F Street, NW * Washington, DC 20004-1111 * 202-272-5434 (Voice)
202 272-5449 (TDD) * 202 272-5447 (FAX)

Mr. John Wodatch

Office on the Americans with Disabilities Act
Civil Rights Division
U.S. Department of Justice
Washington, DC 20530

Dear Mr. Wodatch:

Please find enclosed two letters addressed to the Access Board requesting
assistance regarding the ADA. It is our opinion that they address issues more
appropriately under the purview of the Department of Justice.

Please respond directly to the parties requesting assistance. We have

notified them that we have forwarded their inquiries to your office.

Sincerely,

Marsha K. Mazz
Technical Assistance Coordinator

Enclosures
The Access Board
JUL 27 1992

01-01688​
 MIKE SULLIVAN
GOVERNOR
DEPARTMENT OF EMPLOYMENT
Division of Research and Planning
P.O. BOX 2760 (307) 265-6905
CASPER, WYOMING 82602

June 23, 1992

Architectural and Transportation

Barriers Compliance Board
1111 18th Street NW
Suite 501
Washington DC 20036

Dear Sir/Madam:

I am an employer situated in down town Casper Wyoming. By city

ordinance a handicapped individual may purchase, for a monthly fee
of $25, the right to park for 8 hours curbside for 8 hours. Others
who may purchase these same rights are disabled veterans, taxi
companies and hospitals.

Until last month, I employed a disabled individual whose disability

required her to park in front of the entrance to our place of work.
For this reason, I paid the city a monthly fee of $25. Because I
perceive a city imposed rental fee for curbside parking, exclusive
to the disabled and taxi companies, to present a barrier to the
employment of the disabled I also wrote two letters to the Mayor
and city council requesting that the city's ordinance be modified
and made non-discriminatory. As you can see from the enclosed
brochure, the city is managing downtown parking to support downtown
merchants.

It certainly appears to me that the City is in violation of ADA.

My question is this: Since the city refuses to commit itself to
the development of a nondiscriminatory ordinance, what is the next
step available to me as an employer?

My work number is 307-265-6715 and I am available from 8 AM to 5 PM

Mountain time.

Thank you for your time and consideration.

Sincerely,
Tom Gallagher
Manager, Research and Planning

01-01689​

PARKING ORDINANCE PUBLIC

INFORMATION FLYER
HOW SERVICE IS PROVIDED:

Parking enforcement is provided by the

City through the Casper Police
Department's Traffic Division. The
Parking Enforcement Personnel, and
scooters are a familiar sight in the
Downtown area.

The Division serves as a source of

enforcement and information on parking
in Downtown Casper. Parking Enforce-
ment Personnel serve this dual role of
insuring turnover of parking spaces for
customers and visitors to the Downtown,
and answering question about the
community.

Remember, parking enforcement is a

public service. The Traffic Division of the
Casper Police Department welcomes
your comments. Sgt. W. Sandfort at
235-8261.

FREQUENTLY ASKED QUESTION

Q: WHEN WILL THE PARKING

METERS BE REMOVED?

A: All parking meters in Downtown

area will be removed by June 1,
1992.

Q: WILL THERE STILL BE A 2-HOUR

PARKING LIMIT?

A: Yes, parking spaces in the

 Downtown area are limited to two
hours of free parking except in those
areas which are specifically marked.
The parking restriction will be
Enforcement Clerks utilizing hand-
held computerized ticket writers that
will record the amount of time that a
space is occupied by each vehicle.

Q: CAN I AVOID A CITATION BY

MOVING MY VEHICLE TO AN
ADJACENT SPACE EVERY TWO
HOURS?

A: No. The parking ordinance has been

amended to help maintain parking
availability for customers and clients
of Downtown businesses. The
regulations make it a violation to
park more that two hours in any
block face in the Downtown. Long-
term parking spaces are available in
the Parking Garage Structure
located at 230 South Wolcott for a
cost of $.35 per hour after the first
two hours for shoppers or clients.
Employees are encouraged to lease
spaces in the city-owned parking lot
at 1st and Center or in the Parking
Garage Structure.

Q: WHEN WILL THE NEW PARKING

REGULATIONS GO INTO EFFECT?

A: The effective date of the Ordinance

is May 1, 1992. The Parking
Enforcement Personnel will be
issuing courtesy tickets for a 30-day
"grace period" between May 1 and
May 31, 1992. Regular parking
citations will be issued for violation
for June 1, 1992.

Q: WILL THERE BE A CHANGE IN

THE HOURS OF ENFORCEMENT?
A: Yes. The new ordinance provides
that the two hour parking restrictions
will be enforced daily from 8:00 a.m.
to 5:00 p.m. on weekdays and from
8:00 a.m. to 2:00 p.m. on Saturdays.
enforced on Sundays and Legal
Holidays.

Q: WILL THERE BE AN INCREASE IN

FINES FOR PARKING VIOLA
TIONS?

A: Yes. The new Ordinance provides

for a change in the line structure for
parking violation. The fine for the
first violation in a 24 hour period will
increase from $2.00 to $5.00. The
second violation will result in a
$10.00 fine and the third violation in
a 24 hour period will carry a $20.00
fine. All fines will double if not paid in
10 days.

Q: WILL THERE BE CHANGES IN

THE COST OF PARKING IN THE
CITY'S PARKING GARAGE?

A: The cost of parking in the Parking

Garage will continue to be $.35 for
every hour or portion of an hour after
the first two hours. The parking
Garage is located at 230 S. Wolcott
with entrances on Wolcott and on
Center. Spaces are also available
for lease on a monthly basis.
Contact the City of Casper Finance
Office for more information on the
cost for leasing spaces in the
Parking Garage.

Q: WHAT WILL BE THE RESTRIC-

TIONS ON PARKING IN THE CITY
PARKING LOT AT 1ST AND
CENTER?
A: The long-term parking spaces in the
Parking Lot at 1st and Center will be
converted to lease spaces only
under the provisions of the new
ordinance. For more information on
the costs of leasing spaces in the
Parking Lot contact the Finance

01-01690

(Form) Parking: In Downtown Casper

01-01691