T.

10/29/93
SBO:AMP:ca
XX
(b)(6) DEC 3 1993

The Honorable Dennis DeConcini

United States Senator
40 North Center, Suite 110
Mesa, Arizona 85201

Dear Senator DeConcini:

This is in response to your recent letter on behalf of

your constituent, XX , who inquires whether there are
any Federal laws that make it illegal for his neighbors to
bloc sidewalks with their trash or cars. While the activities
of XX neighbors may violate State or local laws, there
are no Federal laws that directly outlaw such behavior by private
individuals. However, allowing public sidewalks to remain
blocked may constitute a violation of title 11 of the Americans
with Disabilities Act of 1990 (ADA).

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities with rights
or obligations under the Act. This letter provides informal
guidance to assist your constituent in understanding the ADA's
requirements. It does not, however, constitute a legal
interpretation and is not binding on the Department.

Title II of the ADA prohibits discrimination against

qualified individuals with disabilities in all programs,
activities, and services provided by or on behalf of State and
local governments. With respect to your constituent's problem,
if a public entity has responsibility for, or authority over,
sidewalks or other public walkways, section 35.133 of the
enclosed title II regulation requires that public entities must
maintain them in operable working condition. Such maintenance
may include the removal of cars, trash, or other objects blocking
the passage of persons using wheelchairs or other devices to
assist mobility.

cc: Records CRS Chrono Friedlander Pecht.cong.93.deconcin.b

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The title II rule also requires that a public entity make

reasonable modifications to its programs, practices, or
procedures when " ... necessary to avoid discrimination an the
basis of disability.,, See section 35.130(b)(7) of the title II
rule. Under this provision, title II may also require the public
entity to modify its policies, practices, or procedures to ensure
that, aside from temporary and unavoidable situations, public
sidewalks are not blocked by cars, trash, or other impediments to
travel by wheelchair.

Although, as noted above, there are no Federal laws that

directly prohibit individuals from blocking public sidewalks, you
may wish to suggest to your constituent that he contact the
appropriate local authorities to determine whether any State or
local laws directly prohibit such behavior. If such laws exist,
your constituent may wish to draw the situation to the attention
of the local enforcement agency.

I hope this information will be useful to you in responding

to your constituent.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosure
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