Americans with Disabilities Act Technical Assistance Letters

806

November 30, 1999

The Honorable David Vitter

Member, U.S. House of Representatives

2800 Veterans Boulevard

Metairie, Louisiana 70002

Dear Congressman Vitter:

This letter is in response to your inquiry on behalf of your constituent, xxx xxxx xx xxxxxxxxxxx. xxx xxxxxxxxxxx wrote to you stating that the East Jefferson Levee District intends to provide pathways to a levee system for the citizens of Jefferson Parish. xxx xxxxxxxxxxx asked whether the Americans with Disabilities Act of 1990 (ADA) requires each of these pathways to be accessible to individuals with disabilities.

Title II of the ADA, which applies to State and local governments, requires that all new buildings and all alterations to existing facilities must be designed and constructed so as to be readily accessible to and usable by persons with disabilities. The construction of pathways to an existing levee is considered an alteration. Therefore, if the Levee District constructs pathways across the levee, the District must ensure that each constructed pathway is, to the maximum extent feasible, readily accessible to and usable by people with disabilities.

xxx xxxxxxxxxxx also asked whether the ADA would require the Levee District to provide each individual neighborhood its own accessible pathway for people with disabilities. The Levee District has the discretion to determine how many pathways it will construct across the levee. The ADA only requires that each constructed pathway is, to the maximum extent feasible, readily accessible to and usable by people with disabilities.

If xxx xxxxxxxxxxx has additional questions, the Department maintains a telephone information line to provide technical assistance regarding the rights and obligations of individuals, businesses, agencies, and others covered or protected by the ADA. This technical assistance is available by calling 1(800) 514-0301 (Voice) or 1(800) 514-0383 (TDD).

I hope this information is helpful to you in responding to your constituent. Please do not hesitate to contact the Department if we can be of assistance in other matters.

Sincerely,

Bill Lann Lee

Acting Assistant

Attorney General

Civil Rights Division