The Honorable Spencer Abraham

United States Senator

301 E. Genesee Street, #100
Saginaw, Michigan 48607

Dear Senator Abraham:

I am responding to your letter on behalf of your

constituent, XX , regarding the application of
the Americans with Disabilities Act (ADA) to zoning ordinances.
The response to your letter was delayed because of the shutdown
of the Federal government. I apologize for any inconvenience to
your constituent.

According to the documents enclosed with your letter, the

zoning administrator of Hawes Township, Michigan, has determined
that XX wood processing business violates the
agricultural zoning of his land. XX argues that,
because he is an individual with a disability, the ADA exempts
his business from local zoning ordinances.

Title II of the ADA prohibits discrimination on the basis of

disability in the programs, services, and activities of State and
local government entities. Title II requires public entities to
make reasonable modifications to their policies, practices, and
procedures, including their zoning policies, practices, and
procedures, when such modifications are necessary to ensure that
individuals with disabilities are not subjected to discrimination
because of their disabilities.

While title II may require reasonable modification of

discriminatory zoning ordinances and procedures, it does not
provide a general exemption from zoning requirements for
individuals with disabilities. Individuals with disabilities
must generally comply with their local zoning requirements just
as non-disabled individuals must comply.

cc: Records, Chrono, Wodatch, McDowney, Blizard, Hill, FOIA

Udd:Hille:Policylt:Abr XX
01-04138

-2-
 I hope this information is helpful to you in responding to
your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division
01-04139
​Nov 6, 1995 XX

Senator Spence Abrham

301 E. Genesee
Suite 100
Saginaw, Mi. 48607

Att; Mr. John Potbury

Mr. John Potbury,

Enclosed you will find a copy of the letter I received from

Mr. Lawrence A. Brown, Zoning administrator for Hawes township.

In late JUly when Mr. Brown was here he asked about the shop
and I told him at that time I had always worked with wood. I was
suprised to get this letter and really dont know what he is compl-
aining about. In the spring of XX
XX asked me to make him some 2X4 and 1X4 wood stakes
which I did. This was my first customer, The second was XX
XX which I also made stakes for. Which we have cont-
inued to this day.

XX I was in a accident and broke my back and as a result

I am completely parolized from the chest down. So in the spring of
XX and I started reparing and selling lawn & garden equip.
Which XX continued until about XX at which time the stake busin-
ess took off like crazy. XX went door to door talking
to engineers and surveyors, Rd. commissions, anyone who might use
wood stakes.

With the old customers and all the new ones picked up it was
easy giving up the lawn & garden business. A couple years back the
zoning administrator came to us and told us not to get to big. If
a company has a good product you cant help but grow. We now have
our logs brought here and have Can't Eardly lumber co. come in with
his portable saw mill's and cut our lumber. Through the growth of
the business we have helped to take 5 families off the welfare roll.
These families do not directly work for us, they work on the saw
mill's, for trucking and in the woods. We now serve 41 customers
from engineers, Const. companies, surveyors, road comm. & etc.

I dont know if there was a misunderstanding between Mr. Brown

and myself or what. I also was under the impression I came under
the A.D.A. (American Disability Act). Perhaps you could inform me
of this. I would be more then happy to work with Mr. Brown, If he
would like some measurements, Id be more then happy to get them
for him. I do not feel I should pay the $150.00 he is requesting
as I feel the zoning board has made the mistake not me.

Thank you,

XX
XX

October 24, 1995

XX
XX
XX

Mr. & Mrs. XX

1. This letter is to advise you that the present use of your land
for commercial wood processing purposes is in violation of the
agricultural zoning for your property.

2. During my recent inspection of your property in late July 1995,

I discussed this matter with you and asked how you made the tran-
sition from a small-motor repair service, which was grandfathered,
to your present operation and you stated it was without the appr-
oval of the Hawes Township Planning/Zoning Committee, Your reaso-
ning was that because of your handicap situation, approval to
start up a new business or change types of operation was not re-
quired based on a Michigan Handicap law. I advised you that I was
not aware of any such law but I would investigate the matter and
get back with you.

3. It was the advice of legal counsel that there is no such law on

Michigan records and that your operation without having prior ap-
proval of the township is in violation of the township ordinance.
4. You are hereby notified that all on-site wood processing operations
should cease until you have received written approval for such
land use from the Planning/Zoning Committee.

5. Application for such approval can be made through the undersigned

by submittal of written request showing property lines, setbacks,
building dimensions, storage areas, and operational procedures,
together with a check for $50.00 to serve as deposit to activate
the review and approval process. You will then be notified of the
date and location of the public hearing at which time you will be
expected to pay the balance of the special hearing cost which is
a total of $150.00.

6. You may also submit your application to the secretary of the P/Z
Committee:
Marian Wilburn
1934 Quick Rd.
Lincoln, MI. 48742
Tel. 736-6178

7. For additional information regarding this letter or submittal pro-

cedures, you may contact either Mrs. Wilburn or myself.

8. Strict compliance is expected on receipt of this letter.

Lawrence A. Brown XX
Zoning Administrator XX
Hawes Township XX