806
November 30, 1999
The Honorable David Vitter
Member, U.S. House of Representatives
2800 Veterans Boulevard
Metairie, Louisiana 70002
Dear Congressman Vitter:
This letter is in response to your inquiry on behalf of your
constituent, xxx xxxx xx xxxxxxxxxxx. xxx xxxxxxxxxxx wrote to
you stating that the East Jefferson Levee District intends to
provide pathways to a levee system for the citizens of Jefferson
Parish. xxx xxxxxxxxxxx asked whether the Americans with
Disabilities Act of 1990 (ADA) requires each of these pathways to
be accessible to individuals with disabilities.
Title II of the ADA, which applies to State and local
governments, requires that all new buildings and all alterations
to existing facilities must be designed and constructed so as to
be readily accessible to and usable by persons with disabilities.
The construction of pathways to an existing levee is considered
an alteration. Therefore, if the Levee District constructs
pathways across the levee, the District must ensure that each
constructed pathway is, to the maximum extent feasible, readily
accessible to and usable by people with disabilities.
xxx xxxxxxxxxxx also asked whether the ADA would require the
Levee District to provide each individual neighborhood its own
accessible pathway for people with disabilities. The Levee
District has the discretion to determine how many pathways it
will construct across the levee. The ADA only requires that each
constructed pathway is, to the maximum extent feasible, readily
accessible to and usable by people with disabilities.
If xxx xxxxxxxxxxx has additional questions, the Department
maintains a telephone information line to provide technical
assistance regarding the rights and obligations of individuals,
businesses, agencies, and others covered or protected by the ADA.
This technical assistance is available by calling 1(800) 514-0301
(Voice) or 1(800) 514-0383 (TDD).
I hope this information is helpful to you in responding to
your constituent. Please do not hesitate to contact the
Department if we can be of assistance in other matters.
Sincerely,
Bill Lann Lee
Acting Assistant
Attorney General
Civil Rights Division
Updated 2008-07-25