NOV 21 1995 The Honorable Paul McHale Member, U.S.

House of Representatives 26 East Third Street Bethlehem, Pennsylvania 18015-1392 Dear Congressman McHale: This letter is in response to your inquiry on behalf of your constituent, XX , regarding the curb ramp that was recently installed in front of her house by the Borough of Slatington, Pennsylvania. XX complains that the curb ramp has decreased the value of her home, is a danger to pedestrians, and should not have been installed as it was. In addition, Ms. Parisi is concerned that the installation of the curb ramp does not comply with the Americans with Disabilities Act (ADA). Title II of the ADA, which prohibits discrimination on the basis of disability by State and local government entities, requires the installation of curb ramps to provide access to pedestrian walkways on new or altered streets. In addition, title II may require the installation of curb ramps to provide access to existing pedestrian walkways on streets that are not otherwise being altered in order to provide access to the program of using public streets and walkways. The Federal regulation implementing title II requires public entities to conduct a "self-evaluation" to determine where it is necessary to install curb ramps to existing pedestrian walkways and to develop and implement a "transition plan" to establish a schedule for the installation of these curb ramps. Under the ADA, local officials are required to comply with either section 4.7 of the ADA Standards for Accessible Design or section 4.7 of the Uniform Federal Accessibility Standards when they install curb ramps. These standards establish technical specifications for the construction of a curb ramp; they do not specify the location of a curb ramp. Therefore, nothing in the ADA regulation prohibits the installation of the curb ramp in the location selected by the Borough. (HANDWRITTEN) FOIA 01-03855​

-2XX other concerns are not governed by the ADA. These issues are matters that are appropriately addressed under State law. Because there are no statutes which the Department of Justice, or any other federal agency, enforces that apply to XX complaint, this Department will take no action on this matter. We recommend that XX consult with private legal counsel to assist her in seeking to secure her rights. I hope this information is helpful to you in responding to your constituent.

Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division 01-03856​ Congress of the United States House of Representatives Washington, DC 20515-3815 September 20, 1995

Sally Conway Equal Opportunity Specialist U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Dear Ms. Conway: I am enclosing a letter from my constituent, XX regarding the installation of an accessibility ramp near her property in Slatington, PA. The Borough of Slatington has stated that the ramp was required under the Americans with Disabilities Act (ADA). XX raises several questions in her letter. Her main concern is that she believes the placement of the ramp does not meet ADA guidelines. She claims the ramp is 26 feet from the corner of the crosswalk. Enclosed is a picture of the ramp for your review. In accordance with all applicable law, regulation and/or

agency policy, would you please investigate this matter on behalf of XX . Please respond to my Staff Assistant, Mr. Andrew Ferraro, at my Bethlehem office. Thank you for your cooperation in this matter. Sincerely, Paul McHale Member of Congress PMcH:af Enc. PRINTED ON RECYCLED PAPER ​ XX September 8, 1995 Congressman Paul McHale c/o Mr. Andrew Ferraro 1603 Lehigh Street Easton, PA 18042 Dear Congressman McHale, Re: Questionable Handicap Ramp Installation I have documented this issue in full for your review. I had an unfortunate experience recently and I need your help in fixing the problem. On Monday, 8/21, I came home from work at 5:00 p.m. to find my front pavement removed. I immediately questioned my neighbor and was informed that she received a letter from the Borough of Slatington stating that they were putting in handicap ramps at the crosswalks. (Attachment A) Since I do not live on a corner lot, I did not receive a copy of the letter. I immediately called the Borough of Slatington and left a message for Mr. Stephen Sechriest, Borough Manager, stating my concern. After closer inspection of the remaining pavement, I found my home sustained additional damage from the heavy machinery they used to remove my pavement. The pavement that is directly in front of my home shifted away from the porch. Also, there was a drain pipe that ran under my sidewalk which was destroyed when they lifted the pavement. I called and left a message for someone to contact me immediately. On Tuesday, 8/22 at 8:00 a.m., I met with XX at my home to discuss my concern. I told him that I never received a letter from the borough

stating what they planned on doing and he said "sorry". I told him due to the location of the ramp if he continued to install it I would get water on my pavement. He said "no, I wouldn't". I informed him that this location (second house in from the corner) is not a crossing. He said "there was no other place to put the ramp". He stated that because of the drain basket at the corner and because of my neighbor's front steps, he would have to install the ramp in front of my home. I informed him that they broke the drain pipe that extended under the pavement and he replied that they (the contractor) would fix it. On the same day, I went to work and contacted Attorney Robert Donatelli. He is representing me on this case. He instructed me to get a copy of my deed and to contact the Mayor of Slatington. I got in touch with Mayor R. Keegan and explained the situation. He said he would look into it and get back to me on 8/23. When I got home that evening, I noticed that the borough inserted a plastic PVC pipe into the neck of the damaged drain pipe. (attachment B) I tested the drain pipe to see if it leaked by dropping a bucket of water from the second story of my home and found that it was not sealed properly and it leaked. On Wednesday, 8/23, Mayor Keegan informed me that he and Mr. Sechriest and 2 Council members visited my home at 8:00 a.m. to discuss the issue. They said that due to the corner drain basket and the steps in front of my neighbors house, they had to put the handicap ramp in front of my house. Mayor Keegan agreed that it was wrong to install the ramp in front of my house, since my house is the second house from the corner. A person would have to go into the street and travel over 26 feet to get to the ramp that they were installing. 01-03858​ Mayor Keegan agreed that I should seek Legal action. Mayor Keegan said he would contact the Council members and call me that evening. He returned my call and informed me that he contacted Gary Phillips, Borough Councilman, and told him to halt the pouring and re-look the situation. The Mayor told Phillips that the repaired pipe leaked. That evening, I called Gary Phillips and he said that they will not pour per the Mayor. Gary Phillips told me to document my issues and send them to the Borough. (see Attachment B) I received a call on Tuesday, 8/24 at 7:00 p.m. from XX stating that there would be a Council Meeting on 8/28 and that my issue would be reviewed. On Monday, 8/28, I attended that meeting and the Council members voted 4 to 3

to continue to install the handicap ramp in front of my home. The Mayor could not vote, however, he agreed with me that it should not be placed in front of my home. At the meeting, I requested that a picture be taken of the pipe and asked how they planned to fix it. They poured the cement on Monday, 8/30. It is an eye sore! I feel it has decreased the value of my home. It will be dangerous in the winter. It is dangerous now because of the steep slope. On Friday, 9/1, I requested the meeting minutes from the 8/28/95 meeting from Mr. Sechriest he said that it would take up to two months to get them. I contacted Mayor Keegan and told him that I would not receive the meeting minutes for two months. He returned my call and stated that XX will work on providing them to me soon as soon as he can. He did not have a secretary and was backed up. I need your help! Please review the pictures that I have attached and see for yourself. The handicap ramp is 26.3 feet from the corner. It extends 13' 10" over my property. I believe they could have investigated other alternatives. For instance, they could have increased the level of the blacktop or installed a new drain or re-worked the present drain area. Mayor Keegan stated that he would support my issue in full and said he would contact Representative McHale if I needed assistance. Please get in touch with me at your earliest convenience. I can be reached at work between the hours of 7:00 a.m. and 4:00 p.m. at phone number 610-712-6423 or during the evening hours at 767-9790. Sincerely, XX Copy to: R. Keegan - Mayor of Slatington 01-03859