APR 17 1998

XXX
XXX
Oklahoma City, OK  XXX

Dear Mr. XXX     :

     I am responding to your letter regarding the requirements of
the Americans with Disabilities Act (ADA) for curb ramps and
sidewalks at public streets and intersections.  You have
questioned decisions by Oklahoma City to install curb ramps
leading from public streets to impassable areas where there are
no sidewalks.  According to your letter, Oklahoma City officials
claim that these actions are required by 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 Oklahoma City
constructs a new street or intersection or alters an existing
street or intersection, it is required to provide accessible curb
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 Oklahoma
City builds or alters a pedestrian walkway, it may be required to
provide curb ramps where the walkway intersects streets or
intersections.  28 C.F.R. S 35.151(e)(2).  However, the ADA does
not require installation of ramps or curb ramps where there is no
pedestrian walkway.

cc:  Records; Chrono; Wodatch; Blizard; FOIA.
     blizard\myfiles\drsltrs\XXX

                                   - 2 -

     Of course, the ADA does not prevent a public entity from
exceeding the requirements of the ADA.  Nor does it limit a
public entity'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.  As you
requested, we are returning the photographs enclosed with your
letter.

                              Sincerely,

                           John L. Wodatch
                             Section Chief
                       Disability Rights Section

Enclosures