MAY 23

The Honorable Tim Holden

U.S. House of Representatives
1421 Longworth House office Building
Washington, D.C. 20515

Dear Congressman Holden:

This letter is in response to your inquiry on behalf of

communities in your District seeking guidance concerning their
obligations under the Americans with Disabilities Act (ADA),
specifically, their obligations to provide curb cuts or ramps where
pedestrian walks cross curbs.

State and local governments are subject to title II of the ADA

which requires them to make their services, programs, and activities,
when viewed in their entirety, readily accessible to and usable by
persons with disabilities. To implement this requirement, the title II
regulation explicitly requires newly constructed and altered streets to
have curb ramps or other sloped areas at any intersection having curbs
or other barriers to entry from a street level pedestrian walkway. The
United States Court of Appeals for the Third Circuit recently held
that street resurfacing constitutes an alteration within the meaning
of title II triggering this obligation to provide curb ramps at every
intersection.

With respect to unaltered existing streets and walkways, State and

local governments were required by title II to assess whether and to
what extent structural modifications were required to meet the title II
program accessibility requirement. A transition plan for completion of
necessary structural modifications was to have been developed by July
26, 1992, with completion of all work scheduled for no later than
January 26, 1995. The title II regulation required transition plans to
include a schedule for providing curb ramps and also specified
priorities for installing them at walkways serving entities
covered by the ADA -- i.e., State and local government
01-03102

-2-
facilities, transportation, places of public accommodations,
and employers, followed by walkways serving other areas. The
title II regulation does not necessarily require construction of
curb ramps at every intersection. Alternative routes to buildings
that make use of existing curb cuts may be acceptable under
the concept of program accessibility in the limited circumstances
where individuals with disabilities need only travel a
marginally longer route.

The number of curb ramps required in a given community

may also be limited by the fundamental alteration and undue burden
limitations in title II. A State or local government must
meet the program accessibility requirements described above unless
it can demonstrate that meeting it would result in a fundamental
alteration in the nature of the service, program, or activity
or undue financial and administrative burdens. The decision that
compliance would result in such alteration or burdens must be
made by the head of the covered public entity after considering
all resources available for use in the funding and operation
of the service, program, or activity, and must be accompanied by
a written statement of the reasons for reaching such a conclusion.

I hope this information will be useful to you in advising

communities in your District.

Sincerely,
 Deval L. Patrick
Assistant Attorney General
Civil Rights Division

01-03103