# 179


II-3.1000
II-5.1000                               December 21, 1995









The Honorable Charles H. Taylor
U.S. House of Representatives
231 Cannon Building
Washington, D.C.  20515-3311

Dear Congressman Taylor:

     This letter is in response to your inquiry on behalf of your
constituent, Mr. XXXXXXXXXXXXXXXX, regarding the broken sidewalk
at Central Elementary School in Haywood County, North Carolina. 
Mr. XXXXXX wishes to know whether the school could be required to
repair the sidewalk under the Americans with Disabilities Act of
1990 (ADA).

     Title II of the ADA prohibits discrimination against
qualified individuals with disabilities on the basis of
disability in all programs, activities, and services provided by
or on behalf of State and local governments.  The Department of
Justice's title II regulation prohibits a public entity from
denying the benefits of such programs, activities, and services
to qualified individuals with disabilities because the entity's
facilities are inaccessible to or unusable by individuals with
disabilities.

     A public entity is required to provide "program access,"
i.e., the entity is required to operate each service, program, or
activity it provides so that, when viewed in its entirety, the
service, program, or activity is readily accessible to and usable
by individuals with disabilities.  Providing program access does
not necessarily require a public entity to make each of its
facilities fully accessible.  For example, program access can be
achieved by the relocation of services from inaccessible to
accessible buildings or by the assignment of aides to program
beneficiaries.  In addition, a public entity is not required to
take any action that it can demonstrate would result in a
fundamental alteration in the nature of its services, programs,
or activities or in undue financial and administrative burdens.

     With respect to the situation you describe, title II of the
ADA requires public entities to maintain in operable working
condition those features of facilities that are required for
program access and over which the public entities have control. 
Therefore, if a public entity has responsibility for, or
authority over, sidewalks or other public walkways, and if such
sidewalks or walkways are necessary to ensure accessibility to
the entity's programs, services, or activities, then the public
entity has an obligation to maintain the sidewalks or walkways in
usable working condition.

     I hope this information is helpful to you in responding to
your constituent.

                            Sincerely,





                         Deval L. Patrick
                    Assistant Attorney General
                      Civil Rights Division