# 191



II-3.3000
II-5.1000                                    April 16, 1996








The Honorable Mitch McConnell
United States Senator
601 West Broadway
Room 630
Louisville, Kentucky  40202

Dear Senator McConnell:

     I am responding to your recent letter on behalf of your
constituent, Mr. XXXXXXXXXXXXXXXXX, Florence, Kentucky.  Mr.
XXXXXX filed a complaint with the Department of Justice alleging
violation of the Americans with Disabilities Act (ADA) by the
City of Florence for failure to pass an ordinance requiring the
removal of snow from sidewalks by property owners.

     As we explained in response to Mr. XXXXXXXX call to the
Department's ADA technical assistance information line, under
title II of the ADA, State and local governments are required to
ensure that their programs, services, and activities are
accessible to individuals with disabilities.  To the extent that
accessible sidewalks are required to be provided in order to
satisfy that obligation, those required sidewalks must be
maintained in operable condition.  Temporary interruptions in
accessibility, such as those caused by snow, generally do not
constitute violations of title II, however, unless they persist
beyond a reasonable period of time.  Notably, only those
sidewalks that are required by the ADA to be accessible and that
are within the control of the city will be required to be
maintained by the city.

     To the extent that a public entity provides snow removal
services, title II requires those services to be provided in a
non-discriminatory manner.  However, sidewalk snow removal by
private property owners is private action not covered by the
title II absent some substantial involvement by the public
entity.  The ADA, therefore, does not generally require local
governments to pass ordinances compelling property owners to
remove snow from sidewalks.

     To the extent that sidewalks lead to places of public
accommodation covered by title III of the ADA, however, the
private owners of such places of public accommodation may have
obligations to maintain them under title III.  If a sidewalk is
required to be accessible under title III and if the abutting
place of public accommodation exercises control over the
sidewalk, the place of public accommodation may be required to
maintain the sidewalk in operable condition.  As under title II,
temporary interruptions because of snow are permissible under
title III unless they persist beyond a reasonable period of time.

     Enclosed are copies of our Department's ADA Title II and
Title III Technical Assistance Manuals, which may further assist
Mr. XXXXXX in understanding the obligations of entities covered
by the ADA.  I hope this information is useful in responding to
your constituent's inquiry.

                            Sincerely,




                         Deval L. Patrick
                    Assistant Attorney General
                      Civil Rights Division

Enclosures