Judges: Carla J. Stovall, Attorney General of Kansas
Filed Date: 1/29/1997
Status: Precedential
Modified Date: 7/5/2016
Porter K. Brown, City Attorney City of Hutchinson P. O. Box 1567 Hutchinson, Kansas 67504-1567
Dear Mr. Brown:
As legal counsel for the City of Hutchinson, you request our opinion regarding whether the Kansas Architectural Accessibility Standards Act (KAASA), K.S.A.
Upon finding that American society had tended to isolate and segregate individuals with disabilities and that such discrimination continued to be a serious and pervasive social problem, and that the nation's proper goals regarding individuals with disabilities were to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals,
"No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation."
42 U.S.C.A. § 12182 .
Exempt from the provisions of Title III of the ADA are private clubs or establishments exempted from coverage under Title II of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000a et seq., and religious organizations or entities controlled by religious organizations, including places of worship.
Through enactment of L. 1992, ch. 208, §§ 1-9, the Kansas Legislature amended the accessibility standards for public buildings set forth in article 13 of chapter 58 of the Kansas Statutes Annotated.
"(a) Except as provided in K.S.A.
58-1307 , and amendments thereto, all existing facilities, and the design and construction of all new, additions to and alterations of, facilities in this state shall conform to Title II or Title III, as appropriate. The design and construction of new, addition [sic] to or alteration of, any facility which receives a building permit or permit extension after the effective date of this act shall be governed by the provisions of this act." K.S.A.58-1301 (emphasis added).
The interpretation of a statute is a question of law over which the Court has unlimited review. Degolladov. Gallegos,
The purpose behind enacting the provisions set in L. 1992, ch. 208, §§ 1 — 9 was to bring the state accessibility standards into conformity with the standards established under the ADA. See Minutes, Senate Committee on Ways and Means, Attachments 2, 3 (April 10, 1992); Minutes, House Committee on Judiciary, Attachment 1 (March 24, 1992). Recognizing that the ADA developed different obligations depending on the type of facility involved, the Kansas Legislature authorized the application of different standards depending on the type of facility. Pursuant to K.S.A.
In the situation presented, the place of worship being constructed or altered is not owned, operated, or leased by a public entity. As such, application of standards set forth in Title II would not be appropriate. Pursuant to
Very truly yours,
CARLA J. STOVALL Attorney General of Kansas
Richard D. Smith Assistant Attorney General
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