MAY 20 1998

The Honorable Herb Kohl

United States Senator
14 West Mifflin Street
Suite 312
Madison, Wisconsin 53703

Dear Senator Kohl:

I am responding to your inquiry on behalf of your

constituent, Monte K. Hottmann, District Administrator of the
School District of Cambridge, Wisconsin. Mr. Hottmann wrote to
you concerning a determination by the Wisconsin Department of
Commerce that the Cambridge School District is required to
install an elevator to provide access to the press box/control
room that the school district is building at its high school
athletic field. The Wisconsin Department of Commerce has granted
the school district a two-year extension of time in which to
comply with this requirement of the State accessibility code,
which is based on the requirements of the Americans with
Disabilities Act of 1990 (ADA). Please excuse our delay in
responding.

The Civil Rights Division of the Department of Justice is

responsible for the implementation of title II of the ADA, which
prohibits discrimination on the basis of disability in the
programs, services, and activities of public entities. The ADA
authorizes the Department of Justice to provide technical
assistance to assist individuals and entities subject to the Act
to understand their rights and responsibilities. Because this
response is based solely on the facts presented in Mr. Hottmann's
letter to you, it is intended only as technical assistance to
help Mr. Hottmann to understand the applicable legal requirements
and to identify pertinent facts. This response does not
constitute a legal opinion of the Department with respect to the
obligations of the Cambridge School District.

(handwritten) FOIA

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The ADA requires new construction of (or alterations to)

public facilities to be readily accessible to and usable by
individuals with disabilities, including those who use
wheelchairs. The Department's regulation implementing title II,
28 C.F.R. S 35.151 (c), provides that a public entity may
comply with this requirement by complying with the Uniform
Federal Accessibility Standards (UFAS) or the ADA Standards for
Accessible Design that were adopted to implement title III of the
ADA. We understand that the State of Wisconsin has adopted
accessibility requirements based on the ADA Standards.
Therefore, our analysis will be based solely on those standards.

The ADA Standards require a covered entity to provide an

accessible route to an accessible facility and to provide an
accessible entrance. In a multi-story facility, an accessible
means of vertical access must be provided to connect all levels.
Although an elevator is the most common means of providing
vertical access, ramps and (in certain, limited circumstances)
platform lifts may also be used. See, S 4.1.3 (5), Exceptions 4,
of the enclosed ADA Standards. If the press box/control room is
not part of a multi-story facility and is reached by its own
entrance, a ramp may be used to provide access to the entrance.

Mr. Hottmann should note, however, that the ADA does not
preempt the authority of the State of Wisconsin to impose more
stringent requirements on construction through its building code
process. Therefore, the State may require the installation of an
elevator in the high school press box. The interpretation and
application of the State's accessibility code is a matter that
the Cambridge School District must resolve with State officials.

Mr. Hottmann also inquired about the possibility of amending

the Federal regulations. The ADA Standards are based on the ADA
Accessibility Guidelines (ADAAG) developed by the United States
Architectural and Transportation Barriers Compliance Board
(Access Board). The Access Board is now engaged in a total
review of these accessibility guidelines. The Access Board
anticipates that the revised guidelines should be published as a
proposed rule before the end of this year. To be fully
responsive to your request, we at the Department of Justice will
apprise the Access Board of your constituent's concerns. You
should know that we have heard separately on this issue from the
Safety and Building Division of the Wisconsin Department of
Commerce. In addition, we are also in consultation with the
United States Department of Education regarding this issue.

If Mr. Hottmann wants to address the situation described in

his letter to you with the Access Board on his own, he may write
to:

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Thurman M. Davis
Chair
U.S. Architectural and Transportation
Barriers Compliance Board
1331 F Street, N.W.
Washington, DC 20004-1111

Copies of the Department's regulations implementing title II

and title III of the ADA are enclosed for your reference. The
ADA Standards for Accessible Design are published as Appendix A
to the title III regulation. We have also enclosed a copy of the
Department's response to the Wisconsin Department of Commerce
that discusses the applicable requirements in detail.

I hope that this information is helpful to you in responding

to your constituent.

Sincerely,

Bill Lann Lee

Acting Assistant Attorney General
Civil Rights Division

Enclosures