# 171

II-5.3000
II-6.1000
II-6.2000
II-6.6000 June 15, 1995

The Honorable Nancy L. Johnson

U.S. House of Representatives
343 Cannon House Office Building
Washington, D.C. 20515

Dear Congresswoman Johnson:

Your letter to the Equal Employment Opportunity Commission

on behalf of your constituent, XXXXXXXXXXXXXX, has been referred
to me for response. We apologize for the delay in responding.

XXXXXXXXXXXX letter questions a Connecticut State Department

of Transportation decision to install wheelchair ramps at rural
intersections as part of a project to replace old traffic lights.
According to the article attached to XXXXXXXXXXXX letter, the
Connecticut Department of Transportation believes such wheelchair
ramps are required by the Americans with Disabilities Act (ADA).

Title II of the ADA prohibits discrimination on the basis of

disability by State and local government entities. The ADA
directed the Department of Justice to issue a regulation
implementing title II. I am enclosing a copy of the Department's
regulation and the Title II Technical Assistance Manual for your
information.

When public entities build new facilities or alter existing

facilities, the title II regulation requires that such new
construction or alterations be made accessible to individuals
with disabilities. The regulation allows covered entities to
apply either the Uniform Federal Accessibility Standards (UFAS)
or the ADA Standards for Accessible Design (Standards) as the
standards for accessibility of new construction and alterations.
 The Connecticut project referred to in XXXXXXXXXXXX letter
appears to be an alteration to existing traffic signals. Merely
replacing traffic signals or installing crossing buttons would
not trigger an obligation to install curb ramps.

The title II regulation specifically addresses curb ramps at

altered streets, roads, and highways. When streets are altered,
ramps are required at altered intersections if they have curbs
that prevent entry to or from pedestrian walkways. 28 C.F.R.
​ 35.151(e)(1). In addition, ramps are required when pedestrian
walkways are altered. 28 C.F.R. 35.151(e)(2). Curb ramps are
not required to be installed in the absence of a pedestrian
walkway. Nor are they required in the absence of a curb or other
barrier between the street and the pedestrian walkway.

I hope this information is helpful to you in responding to

your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division

Enclosures
Title II regulation
Title II Technical Assistance Manual