T.

5/1/92
SBO:SK:Arthur
DJ# 182-06-00019

JUN 03 1992

Ms. Julie Klauber

Outreach Services Administrator
Suffolk Cooperative Library
System
627 North Sunrise Service Road
Bellport, New York 11713

Dear Ms. Klauber:

This responds to your request for an interpretation of the

Americans with Disabilities Act (ADA) as applied to public
libraries.

The ADA authorizes the Department to provide technical

assistance to entities that are subject to the Act. This letter
provides informal guidance to assist you in understanding how the
ADA may apply to you. However, this technical assistance does
not constitute a determination by the Department of Justice of
your rights or responsibilities under the ADA and does not
constitute a binding determination by the Department of Justice.

You requested an opinion on whether the public libraries of

Suffolk County are covered by title II or title III of the ADA.
Title II of the ADA applies to any "public entity," which is
defined in accordance with section 201(1) of the ADA as any State
or local government; any department, agency, special purpose
district, or other instrumentality of a State or States or local
government; and the National Railroad Passenger Corporation, and
any commuter authority (as defined in section 103(8) of the Rail
Passenger Service Act). Title III applies to public
accommodations and commercial facilities, and defines "public
accommodation" as a private entity that owns, leases (or leases
to) or operates a place of public accommodation. The term
"private entity" is defined as a person or entity that is not a
"public entity."

cc: Records; CRS; Oneglia; Kaltenborn; Friedlander; Arthur

UDD: Kaltenborn Klauber
01-00854
 -2-

The libraries in question would, therefore, be covered by

title II if they are components of a State or local government.
If they are not components of a State or local government, they
would be covered by title III as private entities operating a
place of public accommodation, i.e., a library. Generally
speaking, the question of whether an entity is public or private
is not difficult. For example, a municipal library, as a
department of the township, would be a public entity covered by
title II.

The question may be difficult, however, where an entity has

both public and private features. A library operated by a
private organization would not be a "public entity" merely
because it is open to the public. In such cases, it is necessary
to examine the relationship between the entity and the government
unit. The factors to be considered include whether the library
is operated with public funds; whether the library employees are
considered government employees; whether the library receives
significant assistance from the government by provision of
property or equipment; and whether the library is governed by an
independent board selected by the members of a private
organization or is elected by the voters or appointed by elected
officials.

We hope that this information is helpful.

Sincerely,

Stewart B. Oneglia
Chief
Coordination and Review Section
Civil Rights Division
01-00855
 SCLS
Suffolk Cooperative Library System
627 NORTH SUNRISE SERVICE ROAD / BELLPORT, NEW YORK 11713 /
TEL. 516-286-1600

October 21, 1991

Mr. Stewart Oneglia

Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, DC 20035-6118

Dear Mr. Oneglia:

As per my conversation with Brenda Shepherd this morning, I am writing to

request a written opinion as to whether the public libraries of Suffolk
County, New York fall under Title II or Title III of the Americans with
Disabilities Act.

Suffolk has 54 independent public libraries. One is a "municipal" library, one

is a "special district" library, and all of the others are "school district"
or "association libraries." Attached is a description of the public libraries
of New York State and each of these types.

The association libraries were created by groups of individuals as private,

not for profit membership organizations, although they generally function in a
public capacity. The school district libraries were created by votes of the
residents of the respective school districts. The special district library was
created by the state legislature, and the municipal library is a department of
its township.

With the exception of the municipal library, each of these libraries has its
own board of trustees and sets its own policies and budget. These budgets are
generally voted upon by the residents of the district, although the taxes
themselves are collected by the local school districts.

We have had many conflicting opinions as to which Title of the ADA these
libraries fall under, and obviously need this information as quickly as
possible in order to assist them in meeting the regulations of this law. I am
looking forward to hearing from you.

Sincerely,

Julie Klauber
Outreach Services Administrator
01-00856

Libraries, Library Systems

and Networks

Some 7,600 libraries serve the people of New York State. Many of these
libraries are linked with others in resource sharing systems and networks.
These libraries have book collections of some 171 million volumes. Brief
summary data on the several types of libraries are shown in the table on the
preceding page.

Public Libraries. The people of New York State are served by 733 chartered
public libraries and over 390 branch libraries. Of these chartered libraries,
730 are members of the 22 public library systems. Some 63 percent of the
libraries (463) in the State are small, serving fewer than 7,500 popu- lation.
Only 105 of the libraries (and almost half of these are located on Long
Island) serve a population of 25,000 or more. The three public libraries in
New York City, (the Brooklyn, The New York and the Queens Borough public
libraries) serve more than 40 percent of the population of the State.
 In 1985 the total public library operating expenditure in New York State was
$383 million. The main financial support for public libraries in New York
State (an average of 70 percent) comes from local public funds ($274 million
in 1985). The average per capita expenditure for public library service
(including that for public library systems) in 1985 was $21.83.

The Regents of The University of the State of New York charter (i.e.,
incorporate) the public libraries. A library serves a village, town, city,
county, school district, a combination of these units, or in exceptional cases
a special library district established by the Legislature. These libraries are
subject to State Education Law and to the Regulations of the Commissioner of
Education.

A board of trustees governs each library, with specific powers and

responsibilities under Education Law. Each public library board is autonomous.
The four major types of public libraries (and the number in the State) are:

Municipal (209). Created by a village, town, city,

or county government (5-11 trustees appointed
by local government).

Association (392). Created by a membership

association. Contracts with a unit of government
or a school district to provide library services (5-
25 trustees elected by the membership of the
association).

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