APR 3 1996

The Honorable Robert S. Walker

U.S. House of Representatives
2369 Rayburn Building
Washington, D.C. 20515-3816

Dear Congressman Walker:

Your letter to the U.S. Department of Transportation on

behalf of your constituent, XX , regarding the
requirements of the Americans with Disabilities Act (ADA) for
curb ramps and sidewalks at public streets and intersections, was
forwarded to me for comment.

XX has questioned decisions by North Coventry

Township, Pennsylvania, to install curb ramps leading from public
streets to impassable areas where there are no sidewalks.
According to your letter, officials of North Coventry Township
claim that these actions are mandated by title II of the ADA.

Title II of the ADA prohibits discrimination on the basis of

disability by State and local government entities. When public
entities build new facilities or alter existing facilities, the
Department of Justice's regulation implementing title II
(enclosed) requires that the newly constructed or altered areas
be made accessible to individuals with disabilities. The
regulation specifically provides that new construction of or
alterations to streets give rise to accessibility obligations for
curb ramps. 28 C.F.R. S 35.151(e). Therefore, if the North
Coventry Township were constructing a new street or intersection
or were altering an existing street or intersection, it may be
required to provide accessible curb ramps or ramps where
pedestrian walkways that are elevated or curbed intersect with
the new or altered street or intersection. 28 C.F.R.
S 35.151(e)(1). Notably, resurfacing of streets gives rise to
these obligations, as resurfacing is considered to be an
alteration within the meaning of the ADA. See Kinney v.
Yerusalim, 9 F.3d 1067 (3d Cir. 1993). In addition, if North
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Coventry Township were building or altering a pedestrian walkway,

it may be required to provide curb ramps or ramps as needed where
the walkway intersects streets or intersections. 28 C.F.R.
S 35.151 (e) (2).
However, the new construction and alterations provisions of
title II do not require installation of ramps or curb ramps in
the absence of a pedestrian walkway. Nor are they required in
the absence of a curb, elevation, or other barrier between the
street and the walkway. Therefore, curb ramps or ramps leading
to vacant grass lots are not required by the ADA.

Of course, the ADA does not prohibit North Coventry Township

from exceeding the requirements of the ADA. Nor does it limit
the State's discretion to provide new pedestrian walkways and
ramps as it sees fit to serve interests in addition to
accessibility.

I hope this information is helpful to you in responding to

your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division
Enclosure
01-04194

Congress of the United States

House of Representatives
Washington, DC 20515-3816

March 5, 1996

Kent Markus, Esquire

Acting Assistant Attorney General
U. S. Department of Justice
Main Justice Building, Room 1603
Pennsylvania and Constitution Avenues, N.W.
Washington, D.C. 20530

Dear Mr. Markus:

I am writing to you on behalf of my constituent, XX , who has

enlisted my assistance.
It is my understanding that XX is concerned about the curb cuts which
are being constructed in her neighborhood. She notes that there are no
sidewalks, and at many intersections, the curb cuts lead to impassable areas.
When she contacted North Coventry Township officials, she was told this action
is being taken in compliance with the ADA. Since XX notes that should
an individual in a wheelchair be able to negotiate the curb cut, there is no
where else that person could go, due often to tree limbs and other brush.
Therefore, she contends this expense is not practical and these curb cuts
should not be mandated. Accordingly, I would like to take this opportunity to
express my interest on behalf of my constituent and to request that this
matter be reviewed
as expeditiously as possible.
Thank you for your cooperation in this regard. I will look forward to hearing
from you at your earliest opportunity.

Cordially,

Robert S. Walker

nw
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