U.S. Department of Justice

                                                Civil Rights Division

Retyped 5/6/92
SBO:MAF:SK:ca:jfh

DJ# 192-180-04931
Office of the Assistant Attorney General        Washington, D.C. 20035

The Honorable Frank H. Murkowski
United States Senator
222 West 7th Avenue, Box 1
Anchorage, Alaska 99513-7570

Dear Senator Murkowski:

        This letter responds to your request for information
concerning the Americans with Disabilities Act (ADA) in
response to an inquiry from your constituent, Elsie O'Bryan.

        The ADA authorizes the Department to provide technical
assistance to entities that are subject to the Act. This
letter provides informal guidance to assist you in responding
to Ms. O'Bryan. However, this technical assistance does not
constitute a determination by the Department of Justice of
Ms. O'Bryan's rights or responsibilities under the ADA and
does not constitute a binding determination by the Department
of Justice.

        Ms. O'Bryan requested guidance on whether the ADA requires
the City of Houston, Alaska, to continue the service of "plowing
and sanding handicap driveways." Title II of the ADA, which
applies to State and local governments, prohibits discrimination
against qualified individuals with disabilities in the provision
of services, programs, and activities. Under the ADA, the City
may not deny services to individuals on the basis of disability,
if it makes those services available to other citizens.
Generally, however, it is not required to provide special
programs or services for individuals with disabilities if it does
not provide such programs or services for individuals without
disabilities.

cc: Records CRS Oneglia Friedlander Kaltenborn McDowney Arthur
    udd:kaltenborn:murkowski

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                          - 2 -

        Pursuant to your request, I am enclosing a copy of our
implementing regulation for title II. I hope that this
information is helpful in responding to your constituent's
inquiry.

                                Sincerely,

                              John R. Dunne
                        Assistant Attorney General
                           Civil Rights Division

Enclosure

01-00775

                             JULE R. PETERSON
                                     MAYOR

January 28, 1992

Senator Frank Murkowski
222 West 7th Avenue
Anchorage, Alaska 99502

RE: Americans with Disabilities Act

Dear Senator Murkowski,

We are sending this letter in hopes that you may have the
answers to a question that we have in reference to the Americans
with Disabilities Act.

At the present time the City of Houston has been plowing and
sanding handicap driveways, on a limited basis. Due to budget
shortfalls and the increasing number of driveways that need to be
done, this is a service that the City of Houston can not longer
afford to provide. What we would like to know is are we required,
under the law, to provide this service?

We have contacted several different organizations and they have
not been able to provide us with an answer. Any help you can
provide in this area would be greatly appreciated.

Sincerely,

Elsie O'Bryan
Councilmember

          P.O. BOX 940027 * HOUSTON, ALASKA 99694 * 892-6869

01-00776