U.S. Department of Justice
                                         Civil Rights Division


                                         Disability Rights Section
                                         P.O. Box 65738
                                         Washington, DC 20035-6738

                                         November 22, 1996


Dennis E. McGinty
Mason City Attorney
601 Abbott Road
East Lansing, Michigan 48823

     Re: Complaint Number XX

Dear Mr. McGinty:

     This letter is in reference to the complaint filed with our
office alleging that the stair lift in the Mason City Hall is not
adequate for the use of all persons with disabilities, thus
making the lower level of the City Hall inaccessible to some
persons in violation of title II of the Americans with
Disabilities Act of 1990 (ADA).

     We have received the following information from you: The
City of Mason has a policy providing that persons who need
instruction or assistance in the use of the chair lift for
accessibility to the lower level of the City Hall may obtain
assistance by contacting the front desk staff. A sign advising
that assistance is available at the front desk has been posted on
the wall immediately above the stair lift since 1993. In
addition, for those persons who cannot or wish not to use the
stair lift for access to the lower level, the City has a policy
of providing those persons with the municipal service on the main
floor of City Hall. These policies have been restated in a
written policy that was adopted by the City Administrator on
October 18, 1996, and disseminated to departments, boards, and
commissions throughout the City.

     Based on the foregoing information, we have concluded that
the allegations against the Mason City Hall have been resolved.
Please note that, if the complainant is dissatisfied with our
determination, he may be entitled to file a private complaint in
the United States District Court under title II of the ADA.

     This letter does not address other potential claims of
discrimination on the basis of disability that may arise from the

01-00479

                                 -2-

activities of the City of Mason. Rather, this letter is limited
to the allegations presented in the complaint filed with us.


                                    Sincerely,



                                    Naomi Milton
                                    Attorney
                                    Disability Rights Section
                                    Civil Rights Division


cc: XXX

01-00480