# 200
September 4, 1996

Mr. XXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX  XXXXX

Dear Mr. XXXXXX:

     I have been asked to respond to your recent letter to
Senator Mitch McConnell about the letter dated July 8, 1996, that
you received from Daniel A. Searing, an attorney in this office. 
That letter notified you that we had determined that a complaint
that you had filed with this office failed to allege a violation
of the Americans with Disabilities Act (ADA).

     Your letter to Senator McConnell indicates you believe that
Mr. Searing's letter was responding to your complaint alleging
discrimination on the basis of disability by the Transit
Authority of Northern Kentucky.  This is incorrect.  In April, we
notified Senator McConnell, in response to his earlier inquiry on
your behalf, that your complaint against the transit authority
had been referred to the U.S. Department of Transportation for
response because the Department of Transportation is the agency
responsible for investigating alleged ADA violations by
transportation providers.

     Mr. Searing's letter was responding to your earlier letter
alleging that the City of Florence, Kentucky, violated the ADA by
failing to pass an ordinance requiring property owners to remove
snow from sidewalks.  You raised this issue with the Department
in several letters.  In addition, Senator McConnell wrote to the
Department on your behalf.  After carefully considering your
complaint, we concluded that the ADA does not generally require
local governments to pass ordinances compelling property owners
to remove snow from sidewalks.  We notified you of this
determination through a letter to Senator McConnell on April 16,
1996.

     Unfortunately, one of your letters on the snow removal issue
was inadvertently separated from the others.  Your complaint was
classified as a separate matter and reviewed for the second time. 
Mr. Searing's letter was the result of this second review.  We
are sorry for any confusion this has caused. 

                            Sincerely,




                         John L. Wodatch
                              Chief
                    Disability Rights Section

cc:  Senator McConnell