U.S.

Department of Justice Civil Rights Division Retyped 5/6/92 SBO:MAF:SK:ca:jfh DJ# 192-180-04931 Office of the Assistant Attorney General 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. Washington, D.C. 20035

cc: Records CRS Oneglia Friedlander Kaltenborn McDowney Arthur udd:kaltenborn:murkowski

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-2Pursuant 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

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JULE R. PETERSON MAYOR

January 28, 1992 Senator Frank Murkowski 222 West 7th Avenue Anchorage, Alaska 99502 RE: Americans with Disabilities Act Dear Senator Murkowski, We are sending this letter in hopes that you may have the answers to a question that we have in reference to the Americans with Disabilities Act.

At the present time the City of Houston has been plowing and sanding handicap driveways, on a limited basis. Due to budget shortfalls and the increasing number of driveways that need to be done, this is a service that the City of Houston can not longer afford to provide. What we would like to know is are we required, under the law, to provide this service? We have contacted several different organizations and they have not been able to provide us with an answer. Any help you can provide in this area would be greatly appreciated. Sincerely, Elsie O'Bryan Councilmember

P.O. BOX 940027 * HOUSTON, ALASKA 99694 * 892-6869 01-00776