# 27

III-7.4300

August 12, 1992

The Honorable Christopher Shays

Member, U.S. House of Representatives
10 Middle Street
Bridgeport, Connecticut 06604

Dear Congressman Shays:

This letter is in response to your inquiry on behalf of your

constituent, Allan Davis, who is seeking clarification of parking
space requirements for a hospital outpatient facility under the
Americans with Disabilities Act (ADA) as the result of our
response to an earlier inquiry from Mr. Davis.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities with rights or
obligations under the Act. This letter provides informal
guidance to assist you and your constituent in understanding the
ADA accessibility standards. However, this technical assistance
does not constitute a legal interpretation of the statute and it
is not binding on the Department.

Mr. Davis has asked for clarification of the requirements

for the number of accessible parking spaces that must be provided
under the ADA. Section 4.1.2(5)(d) of the ADA accessibility
guidelines (page 35612 of the enclosed ADA title III regulation)
applies to hospital outpatient facilities. In general, the
section requires that "facilities providing medical care and
other services for persons with mobility impairments" must have
the number of accessible spaces set forth in a table included in
the Guidelines. This section does not apply only to facilities
that exclusively serve individuals with mobility impairments. To
the contrary, it applies to any medical care facility that
provides service to individuals with mobility impairments along
with other members of the general public.

The section includes a specific requirement (in lieu of the

table requirements) for outpatient units and facilities that 10
percent of the total number of parking spaces be accessible. In
the case of a hospital outpatient facility, the 10 percent
requirement would only apply to that proportion of total parking
use attributable to the outpatient facility. In addition, if a
hospital outpatient facility specializes in services for
individuals with mobility impairments, the Guidelines specify a
20 percent requirement in lieu of the table requirements. The 20
percent requirement would only apply to that proportion of a
facility's parking use that is attributable to the provision of
specialized services.

Mr. Davis is also concerned that people with mobility

impairments may not be legally entitled to park in accessible
places. This is highly unlikely because it is common practice
for States, including Connecticut, to issue accessible parking
permits to anyone who has need for accessible parking including
those persons who may be only temporarily disabled.

Mr. Davis also seeks clarification of the requirement for

accessible routes to parking. In general, an "accessible route,"
as defined in { 3.5 of the Guidelines, may not include a
vehicular way. The area behind parked cars in a parking garage,
however, may be used as part of an accessible route, if it meets
the definition of "marked crossing" under { 3.5 of the
Guidelines.

I hope that his information is useful in responding to your

constituent.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division

Enclosure