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APR 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. XX , Florence, Kentucky.

Mr. XX

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. Please excuse our delay in responding.

filed a complaint with the Department of Justice

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.


Records, Chrono, Wodatch, McDowney, Talian, FOIA

n:\udd\talian\congress\mcc XX

\sc. young-parran

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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. XX

by the ADA. I hope this information is useful in responding to your constituent's inquiry.

in understanding the obligations of entities covered




Deval L. Patrick Assistant Attorney General Civil Rights Division

United States Senate WASHINGTON, DC 20510-1702 (202) 224-2541

January 17, 1996

Mr. Kent Markus Asst. Attorney General Dept.Of Justice/Office of Leg.Affairs Main Justice Building, Room 1145 10th & Constitution Avenue Washington, D.C. 20530

Dear Mr. Markus:

This letter is in reference to XX

discrimination complaint form filed under Title II of the Americans with

Disabilities Act.

. He contacted my office regarding his

For your convenient reference, I have enclosed a copy of his correspondence.

Since I want to be responsive to all constituent inquiries, your prompt consideration, findings and views concerning the enclosed will be greatly appreciated. I look forward to hearing from you at your earliest convenience.

Please send your response to my state office. The address is 601 West Broadway, Room 630, Louisville, Kentucky 40202. It should be sent to the attention of Beth D. Kinnaman. She can be reached at (502) 582-6304 for further information.

Thank you for your assistance in this matter.





Dec. 8, 1995

Senator Mitch McConnell 1885 Dixie Highway Ft. Wright, KY 41011


Dear Sen. McConnell;

I filed a complaint with the Department Of Justice, Civil Rights Division. This was done about 4 months ago. To date I have heard nothing.

The complaint was about snow removal in Florence. I do not think the city is being fair to persons with a disability The complaint goes into full details.

Thank you for your help in this matter.

Thank you;