OCT 6 1994

The Honorable Dan Coats

United States Senator
1180 Market Tower
10 West Market Street
Indianapolis, Indiana 46204-2964

Dear Senator Coats:

This is in response to your inquiry on behalf of your

constituent, Mr. Wallace Young of the Vincennes Aerie No. 384,
Fraternal Order of the Eagles, in Vincennes, Indiana. Mr. Young
has asked about requirements for accessible parking at the
Vincennes Aerie.

The Vincennes Aerie may be subject to title III of the

Americans with Disabilities Act (ADA), which applies to places of
public accommodation. However, the Vincennes Aerie may
constitute a private club and may, therefore, be exempt from the
requirements of the ADA, except to the extent its facilities are
made available to nonmembers as places of public accommodation.
Whether the Vincennes Aerie constitutes a private club will
depend on such factors as whether the members exercise a high
degree of control over club operations, whether the membership
selection process is highly selective, whether substantial
membership fees are charged, and whether the organization is
operated on a nonprofit basis.

To the extent the Vincennes Aerie may be covered by the ADA,

the requirements of title III regarding existing facilities would
apply. Title III requires public accommodations in existing
facilities to remove architectural barriers to access if it is
readily achievable to do so. Providing accessible parking spaces
is a type of barrier removal that is likely to be readily
achievable for many public accommodations. The ADA Standards for
Accessible Design, Appendix A to the enclosed title III
regulation, S 4.1.2(5), provide a table for use in determining the
number of accessible parking spaces that should be provided. The
number of accessible spaces needed depends upon the total number
of parking spaces in the lot.

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

:\udd\hille\policylt\lugar.ltr

01-03458

-2-

Mr. Young's letter indicates that the Vincennes Aerie has

provided some accessible parking spaces, but has prevented people
with disabilities from parking in those spaces. The ADA requires
that accessible parking spaces be designated as reserved for the
use of people with disabilities. The ADA further requires
covered entities to make reasonable modifications in policies,
practices, or procedures when necessary to afford services to
individuals with disabilities. Therefore, a covered entity may
be required to alter a policy of preventing people with
disabilities from using accessible spaces and to institute a
policy reserving accessible spaces for the exclusive use of
people with disabilities.

In addition to the ADA's requirements, the State of Indiana

may have laws regarding accessible parking.

If Mr. Young wishes to have further information about the

requirements of the ADA, he may contact our ADA information line
at (800) 514-0301 (voice) or (800) 514-0383 (TDD).

I hope this information is useful to you in responding to

your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
 Civil Rights Division

Enclosure

01-03459

BE A PATRON EAGLE EVERY MEMBER OWES AT LEAST ONE NEW

MEMBER TO HIS AERIE EACH
YEAR
Vincennes Aerie No. 384 -- Fraternal Order of Eagles
Office of the Secretary: 1325 Willow St. Business Phone 882-9301
Buffet Phone: 882-9930
VINCENNES, INDIANA
July 14, 1994

Senators Lugar & Coates

1180 Market Tower
10 West Market Street
Indianpolis, Indiana
46204

Gentlemen:

I am asking for assistance in a matter of handicapped parking. We are

having problems with the Board of Trustees telling our members where
to park and ordering handicapped members to move their vehicles from
spaces marked for that purpose. The Trustees are the Officers who are
engaging in this illegal discriminatory practice. Our Grand Aerie, or
Parent Lodge, has told me that they agree with me that, since we are
incorporated into a corporation that we each own this organization
equally can have and are entitled to equal rights and that the Trustees
cannot assume the sole jurisdiction of any of the property. I would
like to know the procedure to follow if the persist in their discrimin-
ating ways.

Thank you in advance for your assistance and I am,

Sincerely,

Wallace Young, Secretary

Aerie #384, F.O.E.

01-03460