# 188



II-5.3000
II-6.0000
II-6.6000                                    April 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, Ms. XXXXXXXXXXXXXX, 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.

     Ms. XXXXXX 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.  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.
 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 
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.
 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