You are on page 1of 2

APR 17 1998 The Honorable Kay Bailey Hutchison United States Senator 10440 North Central Expressway Suite

1160 LB 606 Dallas, Texas 75231-2223 Dear Senator Hutchison: I am responding to your inquiry on behalf of your constituent, Mr. XXX who is concerned about the policy of the Town of Highland, Texas, which requires the compulsory use of sidewalks by runners and joggers. Mr. XXX recently sent a copy of the same complaint to the Disability Rights Section of the Civil Rights Division. The Section responded directly to Mr. XXX . Please excuse our delay in responding. The Americans with Disabilities Act of 1990 (ADA) authorizes the Department of Justice to investigate alleged violations of title II and title III of the ADA, which prohibit discrimination on the basis of disability by private entities, public accommodations, and commercial facilities. In addition, the Department of Justice is responsible for enforcing title I of the ADA when a public employer is engaging in a pattern or practice of discrimination on the basis of disability, or when the Equal Employment Opportunity Commission (EEOC) has referred an individual complaint for enforcement after the EEOC has found that there is reasonable cause to believe a violation has occurred and the EEOC has failed to obtain a conciliation agreement. CC: RECORDS; CHRONO; WODATCH; XXX ; MCDOWNEY; FOIA; E:/COBRIEN/MYFILES/CONGRESSIONALS.DRS/XXX .SEN -2These ADA enforcement responsibilities are assigned to the Attorney General as the nation's chief law enforcement officer and head of the Department of Justice. Within the Department, ADA enforcement is assigned to the Civil Rights Division's Disability Rights Section, which also is responsible for enforcing section 504 of the Rehabilitation Act of 1973, as

amended, and other Federal statutes that prohibit discrimination on the basis of disability. In enforcing the ADA, the Department of Justice represents the law enforcement interest of the United States. The Department does not act as an attorney for, or representative of, any individual complainant. The circumstances that your constituent describes do not appear to raise an issue over which we have jurisdiction. Nor are we aware of any other component of the Department of Justice or other Federal agency that would have authority to handle the matter. Instead, the issue Mr. XXX presents appears to be a matter over which a local government entity would have jurisdiction. To assist members of the public to understand their rights and responsibilities under the ADA, the Department operates an ADA information line (800-514-0301 (voice) or 800-514-0383 (TDD)). Members of the Disability Rights Section staff are available to answer questions on the information line on Monday, Tuesday, Wednesday, and Friday from 10:00 a.m. to 6:00 p.m., Eastern time. On Thursday, the information is staffed from 1:00 p.m. to 6:00 p.m. I hope this information is helpful in responding to your constituent. Sincerely, Bill Lann Lee Acting Assistant Attorney General Civil Rights Division