JAN 19 1993

The Honorable Lane Evans

Member, U. S. House of Representatives
1640 North Henderson Street, Suite 1
Galesburg, Illinois 61401

Dear Congressman Evans:

This letter is in response to your inquiry on behalf of

Allan Smith, who asks whether a public entity must comply with
the Americans with Disabilities Act of 1990 (ADA) in existing
buildings.

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 your constituent in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation, or legal advice, and it is not binding on the
Department.

Your constituent asks whether public entities have ADA

responsibilities in existing buildings. He states that he
believes public entities have no ADA responsibilities unless an
existing building undergoes "substantial remodeling." This
understanding of the ADA is incorrect. The ADA has provisions
that affect existing public facilities, and it has additional
provisions that apply when a public facility is altered.

Title II of the ADA applies to the programs and facilities

of state or local government, or "public entities." Title II,
and the Department's regulation promulgated under that title,
contain many provisions with which public entities must comply in
existing facilities, affecting structural and non-structural
aspects of each public entity's operations. The title II
regulation and a Technical Assistance Manual interpreting the
regulation are enclosed with this letter. Some of the
obligations of public entities in existing facilities may be
found in the title II regulation in sections 35.140, 35.149-
35.150, and 35.160-35.164, at pages 35719-35721, and in the
corresponding preamble sections on pages 35707-35713. In the
Technical Assistance Manual, discussion of obligations in
existing facilities may be found at pages 9-22, and 35-39.

cc: Records, Chrono, Wodatch, Bowen, McDowney, Novich, FOIA, MAF

Udd:Novich:congress:evans

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With regard to structural aspects of existing public

facilities, title II requires that programs of public entities be
accessible to people with disabilities. This means that each
program, when viewed in its entirety, must be accessible. It
does not necessarily mean that each building must be made
accessible. These provisions apply to public facilities even if
no alterations are planned. You may consult section 35.150 of
the enclosed regulation, at pages 35719-35720 and 35708-35709,
for a discussion of the program accessibility requirement. In
addition, when public facilities are altered, section 35.151 of
the title II regulation requires that alterations affecting
usability be done so as to make the altered area accessible, to
the maximum extent feasible. Section 35.151 appears at pages
35720-35721 of the title II regulation, with corresponding
preamble discussion at pages 35710-35711.

I hope this information is helpful to you in responding to

your constituent.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division

Enclosures (2)

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AL SMITH & ASSOCIATES

RR3
 GALESBURG, ILLINOIS 61401-9348

CONGRESSMAN LANE EVANS

1040 N. HENDERSON STREET
GALESBURG
ILLINOIS 61401

6 NOVEMBER 1992

FIRST AND FOREMOST: CONGRATULATIONS!

SECOND: WOULD YOU PLEASE DIRECT THE FOLLOWING REQUEST FOR

INFORMATION
TO THE PROPER AGENCY?

WE REQUIRE A LETTER FROM THE AGENCY RESPONSIBLE FOR

ENFORCEMENT OF
THE AMERICANS WITH DISABILITIES ACT THAT CLEARLY STATES
WHETHER OR
NOT A PUBLIC BODY CAN EVER BE FORCED TO COMPLY WITH THE
PROVISIONS
OF THE AMERICANS WITH DISABILITIES ACT IN AN EXISTING
BUILDING.

WE BELIEVE THAT THE ONLY TIME A PUBLIC BODY CAN BE REQUIRED

TO COMPLY
WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT IN
AN
EXISTING BUILDING IS DURING A PERIOD OF "SUBSTANTIAL
REMODELING".

WE ALSO UNDERSTAND THAT "GOOD FAITH" EFFORTS MUST BE MADE

TO CORRECT
NON COMPLIANT AREAS. AN EXAMPLE OF "GOOD FAITH" EFFORT
WOULD BE TO
REPLACE AN EXISTING DEFECTIVE DRINKING FOUNTAIN WITH A TYPE
SUITABLE
FOR USE BY THE ENTIRE PUBLIC.
THANK YOU FOR YOUR ASSISTANCE.

ALLAN L. SMITH

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