# 174


II-3.6000
II-3.6100                                    August 18, 1995





The Honorable Donald A. Manzullo
U.S. House of Representatives
Washington, D.C.  20515-1316

Dear Congressman Manzullo:

     Attorney General Reno has asked me to respond to your letter
on behalf of your constituent, XXXXXXXXXX, of XXXXXXXXXXXXXXXXXX,
regarding application of title II of the Americans with
Disabilities Act (ADA) to leaf-burning.  We apologize for the
delay in responding.

     Title II of the ADA prohibits discrimination on the basis of
disability by public entities in all their programs, services,
and activities.  Notably, title II is not limited to those
programs, services, and activities that receive Federal funding. 
42 U.S.C.  12132.  

     The Department of the Interior is designated by the
regulation implementing title II as the agency responsible for
investigating complaints of discrimination involving lands and
natural resources, including waste management and environmental
protection.  In this capacity, the Department of the Interior has
received several complaints asserting that local governments have
violated title II by allowing private citizens to burn leaves. 
Such leaf-burning has been shown to adversely affect people with
asthma and other respiratory disabilities.

     In an effort to coordinate its policies with those of the
other designated agencies under title II, the Department of the
Interior has requested the Department of Justice's opinion on
leaf-burning.  The Department of Justice has taken the position
that leaf-burning by private citizens is private action and is
not covered by title II in the absence of some substantial
involvement by the public entity.  The ADA, therefore, does not
generally require local governments to prohibit or restrict leaf-
burning by private citizens.

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

                            Sincerely,




                         Deval L. Patrick
                    Assistant Attorney General
                      Civil Rights Division