SEP 26 1995 The Honorable Frank D. Lucas Member, U.S. House of Representatives P.O.

Box 3612 Enid, Oklahoma 73702 Dear Congressman Lucas: This letter is in response to your inquiry on behalf of your constituent, XX regarding the inaccessibility of the streets, sidewalks, and Post Office in Garber, Oklahoma. XX complains that the curbs are too high and the sidewalks too uneven for the use of persons with disabilities and that the door into the Post Office is not accessible to persons with disabilities. Several Federal laws prohibit discrimination on the basis of disability. Title II of the ADA prohibits discrimination on the basis of disability in any of the services, programs, or activities of State and local governments. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to all existing facilities of a public entity. Public entities, however, are not necessarily required to make each of their existing facilities accessible. In addition, a public entity does not have to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens. Installation of curb ramps to provide access to existing pedestrian walkways on existing streets that are not otherwise being altered may be necessary in order to provide access to the "program" of using public streets and walkways. Title II of the ADA further requires that public entities maintain in operable working condition those features, including sidewalks and streets, that are required to be readily accessible cc: Records; Chrono; Wodatch; Milton; McDowney; FOIA udd\milton\congress\curbs&po.luc 01-03694 ​ -2to and usable by persons with disabilities. A complaint that a

State or local government has violated title II may be filed by writing a detailed letter to the Department of Justice, Civil Rights Division, Disability Rights Section, P.O. Box 66738, Washington, D.C. 20035-6738. The Architectural Barriers Act requires accessibility in all Federal buildings, including U.S. postal facilities, that are designed, constructed, or altered after 1968. Complaints alleging violations of the Architectural Barriers Act may be sent to: Judith A. Haslam, Director, Office of Compliance and Enforcement, Architectural and Transportation Barriers Compliance Board, 1331 F Street, N.W., Washington, D.C. 20004-1111 ((202) 272-5435). In addition, all Federal government entities (including the United States Postal Service) must comply with section 504 of the Rehabilitation Act of 1973. Section 504 regulations require that newly constructed or altered facilities be constructed to be readily accessible to and usable by individuals with disabilities. For existing facilities, the regulations require that all programs and services provided by the government entity be accessible. A section 504 complaint may be filed by writing a detailed letter to: Ursula D. Hennessy, Acting Manager, Architectural Barriers Compliance Program, United States Postal Service, 475 L'Enfant Plaza, S.W., Room 4130, Washington, D.C. 20260-6422 ((202) 268-3139). I hope this information is helpful to you in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General Civil Rights Division 01-03695 ​ The Honorable Frank Lucas Dear Mr Lucas I am writting because of a problem that has existed in this town for as long as I have lived here. I wrote the D.O.J. and D.O.T. XX Garber, Okla XX

several years ago, only to have my letters sent back and forth between the two departments for about 3 years. The last time they sent me a letter saying they were sending it back to which ever I wrote them and told them I would be dead before they got off their you know whats and did anything. One of my stepsons suggested I contact Brad Edwards from tv 4 in OkC which I did and they suggested I contact you since the city of Garber is in violation of several Federal Laws. Mr Edwards is going to also follow up on my progress and help if I have any problems. The probleme which I am writting about have to do with the sidewalks in downtown Garber. The curbs in some places are about 12 to 18 inches high making it difficult for the elderly and handicapped to get one a sidewalk, and then the sidewalks are dangerous even for someone who isn't handicapped. Anyone in a wheelchair or other means of handicapped transportation can't get down a sidewalk in this town. I even have difficulty with my grandson stroller. This makes it difficult for anyone to even get into a business in town. During the winter the elderly have a very hard time getting into the stores, because of the curbs being so high and the streets being slick. The other problem is the post office which at last check was a Federal agent, is impossible for the handicapped to get into. Oh they just build a realy nice ramp but anyone in a wheelchair or other divice can't get in to the post office. We have one man who has to sit and wait for someone to open the door for him so he can get in and out. Mr. Edwards office informed me that both of these violate the handicapped regulations. But everyone figures if they just ignore it that no one will have to do anything at all about it. Our city council sure isn't going to do anything about it because they don't want to they don't have to worry about it. I heard for I know the last 10 yrs that they are going to do something about it and as long as no one makes a big deal out of it they arn't going to do anything. I'm tired of people putting me off about this. My husband will be 80 yrs old in Nov. he can't even walk down the sidewalks in town nor the streets around our house because they keep filling holes up with large large gravel. I have even twisted my ankle on this stuff and on the sidewalks in town. Why should we be forced to drive 20 miles to Enid to walk in the mall when we are paying taxes in this town to keep our streets and sidewalks useable. I could have written my state rep. but I know they would have only sent us to you so I just bypassed him and came straight to you I hope you will be able to get this problem taken care of. Our state senator MR Long is from Garber and a lot of good it does to have him around. This problem has been here since he was living here and he

did nothing about it Thank you for your time Sincerely XX 01-03696