# 13


II-3.3000
                                            May 12, 1992


The Honorable Frank H. Murkowski
United States Senator
222 West 7th Avenue, Box 1
Anchorage, Alaska  99513-7570

Dear Senator Murkowski:

     This letter responds to your request for information
concerning the Americans with Disabilities Act (ADA) in 
response to an inquiry from your constituent, Elsie O'Bryan.  

     The ADA authorizes the Department to provide technical
assistance to entities that are subject to the Act.  This 
letter provides informal guidance to assist you in responding 
to Ms. O'Bryan.  However, this technical assistance does not
constitute a determination by the Department of Justice of 
Ms. O'Bryan's rights or responsibilities under the ADA and 
does not constitute a binding determination by the Department 
of Justice.

     Ms. O'Bryan requested guidance on whether the ADA requires
the City of Houston, Alaska, to continue the service of "plowing
and sanding handicap driveways."  Title II of the ADA, which
applies to State and local governments, prohibits discrimination
against qualified individuals with disabilities in the provision
of services, programs, and activities.  Under the ADA, the City
may not deny services to individuals on the basis of disability,
if it makes those services available to other citizens. 
Generally, however, it is not required to provide special
programs or services for individuals with disabilities if it does
not provide such programs or services for individuals without
disabilities.

     Pursuant to your request, I am enclosing a copy of our
implementing regulation for title II.  I hope that this
information is helpful in responding to your constituent's
inquiry.  

                                   Sincerely,



                                 John R. Dunne
                           Assistant Attorney General
                             Civil Rights Division

Enclosure