SEP 14 1995


The Honorable Bob Wise
Member, U.S. House of Representatives
Elk Office Center
4710 Chimney Drive
Charleston, West Virginia 25302-4804

Dear congressman Wise:
     This is in response to your inquiry on behalf of your
constituent,      XX          ,concerning the accessibility
of polling places.     XX        complains that XX  polling
place, in the Cedar Grove School Building, is not accessible to
persons using wheelchairs. We apologize for our delay in
responding.

     Title II of the Americans with Disabilities Act requires
"program accessibility," rather than facility access, for
existing buildings and facilities. A public entity must operate
each program, service, or activity so that the service, program,
or activity, when viewed in its entirety, is readily accessible
to and usable by individuals with disabilities, but a public
entity is not necessarily required to make each of its existing
facilities accessible. 28 C.F.R.  35.150 (the Department of
Justice's regulation implementing Title II, 28 C.F.R. pt. 35).
Removal of architectural barriers is one method of providing
access to programs and activities in existing facilities, but
other methods are also permitted if they provide program access.
West Virginia is required to make its voting activities
accessible through whatever effective means it deems appropriate.
Thus,     XX       polling place need not necessarily be
accessible if other means are provided for voters with
disabilities to cast their ballots on the day of the election
(curbside voting procedures, for example).

     The Voting Accessibility for the Elderly and Handicapped Act
(Voting Access Act) requires that all polling places for Federal
elections be accessible. The Voting Access Act does not apply,
however, to a polling place if the chief election officer of the
State determines that no accessible place is available and it is

cc: Records; Chrono; Wodatch; Milton; McDowney; FOIA
udd\milton\congress\voting.wis






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not possible to make one temporarily accessible and that any
voter in need of an accessible polling place, upon advance
request, will be assigned to an accessible polling place or will
be provided with an alternative means for casting a ballot on the
day of the election.

     Curbside or other alternative voting procedures are a
permissible alternative to accessible voting places, however,
only if they are an effective method of providing access to the
program or activity. Thus, if the Commission failed to follow
its procedures for curbside voting, or otherwise denied an
individual with a disability the opportunity to vote, it would be
in violation of title II and the Voting Access Act.

     I hope this information is helpful to you in responding to
your constituent.

                                     Sincerely,




                                  Deval L. Patrick
                               Assistant Attorney General
                                Civil Rights Division










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