JUN 16 1992


DJ 202-PL-166

(b)(6)
Carrollton, Texas 75007

Dear Ms. XX

     This letter responds to your correspondence regarding the
denial of free entrance to Eisenhower State Park in possible
violation of the Americans with Disabilities Act (ADA), 42 U.S.C.
12101-12213. The ADA authorizes the Department of Justice to
provide technical assistance to individuals or entities having
rights or obligations under the Act. This letter provides
informal guidance to assist you in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation, and it is not binding on the Department.

     Specifically, you inquire whether a state agency that grants
free entrance to those 65 years of age and older and disabled
veterans, must grant free entrance to others who are similarly
disabled.

     Title II of the ADA prohibits discrimination on the basis of
a disability, but does not prohibit a state agency from granting
a privilege (such a free admission to state parks) to particular
groups of individuals with disabilities and groups of individuals
without disabilities so long as that decision has neither the
intent nor the effect of discriminating against individuals on
the basis of their disability. The information that you have
given us does not appear to present a violation of the ADA.
     We hope that this information is useful to you in evaluating
your rights under the ADA.

                                   Sincerely,

                                 L. Irene Bowen
                                 Deputy Director
                    Office on the Americans with Disabilities Act

cc: Records Chrono Wodatch Bowen Beard.ta.202.(b)(6)
    arthur T. 6/3/92

01-00946








APRIL 23, 1992

OFC.ON AMER.WITH DISABILITIES ACT
CIVIL RIGHTS DIVISION
U.S.DEPT.OF JUSTICE
WASHINGTON,D.C. 20530

TO WHOM IT MAY CONCERN;

I AM WRITING TO YOU FOR A COUPLE OF REASONS. I AM A
PHYSICALLY CHALLENGED PERSON WHO ENJOYS THE OUTDOORS.
I GO CAMPING OFTEN. RECENTLY, I WAS CAMPING AT EISENHOWER
STATE PARK. I WAS TOLD PRIOR TO THE OUTING THAT DISABLED
PERSONS WERE GIVEN A PASS TO ALLOW ADMITTANCE TO THE
CAMPGROUND WITHOUT HAVING TO PAY AN ENTRANCE FEE. I HAD
PROOF OF DISABILITY PENSION FROM SOCIAL SECURITY.

WHEN I ENTERED THE GROUNDS I APPROACHED THE PARK STATION
AND INQUIRED ABOUT THE PASS AND THE PROCEDURE TO ACQUIRE
ONE THE PARK SUPERVISOR EXPLAINED THAT THE PASSES WERE
ONLY GRANTED TO PERSONS 65 AND OLDER OR DISABLED VETERANS.
I AM UNDER 65 AND I AM NOT A VETERAN. HOWEVER I AM
DISABLED IN A WHEELCHAIR. THIS SEEMED VERY UNFAIR TO ME.

DOES THIS TYPE EXCLUSION SEEM CONTRARY TO TITLE 2, SECTION
202 OF THE AMERICANS WITH DISABILITIES ACT OF JULY, 1990?
I WANT VERY MUCH FOR ALL PEOPLE TO RECEIVE FAIR TREATMENT
UNDER THIS LAW. YOUR RESPONSE IS APPRECIATED. THANKING YOU
IN ADVANCE,

SINCERELY YOURS,

(b)(6)
CARROLLTON, TEXAS 75007

01-00947