APR 17 1998

The Honorable Kay Bailey Hutchison

United States Senator
10440 North Central Expressway
Suite 1160
LB 606
Dallas, Texas 75231-2223

Dear Senator Hutchison:

I am responding to your inquiry on behalf of your

constituent, Mr. XXX who is concerned about the policy
of the Town of Highland, Texas, which requires the compulsory use
of sidewalks by runners and joggers. Mr. XXX recently sent a
copy of the same complaint to the Disability Rights Section of
the Civil Rights Division. The Section responded directly to
Mr. XXX . Please excuse our delay in responding.

The Americans with Disabilities Act of 1990 (ADA) authorizes

the Department of Justice to investigate alleged violations of
title II and title III of the ADA, which prohibit discrimination
on the basis of disability by private entities, public
accommodations, and commercial facilities. In addition, the
Department of Justice is responsible for enforcing title I of the
ADA when a public employer is engaging in a pattern or practice
of discrimination on the basis of disability, or when the Equal
Employment Opportunity Commission (EEOC) has referred an
individual complaint for enforcement after the EEOC has found
that there is reasonable cause to believe a violation has
occurred and the EEOC has failed to obtain a conciliation
agreement.

CC: RECORDS; CHRONO; WODATCH; XXX ; MCDOWNEY; FOIA;

E:/COBRIEN/MYFILES/CONGRESSIONALS.DRS/XXX .SEN

-2-

These ADA enforcement responsibilities are assigned to the

Attorney General as the nation's chief law enforcement officer
and head of the Department of Justice. Within the Department,
ADA enforcement is assigned to the Civil Rights Division's
Disability Rights Section, which also is responsible for
enforcing section 504 of the Rehabilitation Act of 1973, as
amended, and other Federal statutes that prohibit discrimination
on the basis of disability. In enforcing the ADA, the Department
of Justice represents the law enforcement interest of the United
States. The Department does not act as an attorney for, or
representative of, any individual complainant.

The circumstances that your constituent describes do not

appear to raise an issue over which we have jurisdiction. Nor
are we aware of any other component of the Department of Justice
or other Federal agency that would have authority to handle the
matter. Instead, the issue Mr. XXX presents appears to be a
matter over which a local government entity would have
jurisdiction.

To assist members of the public to understand their rights

and responsibilities under the ADA, the Department operates an
ADA information line (800-514-0301 (voice) or 800-514-0383
(TDD)). Members of the Disability Rights Section staff are
available to answer questions on the information line on Monday,
Tuesday, Wednesday, and Friday from 10:00 a.m. to 6:00 p.m.,
Eastern time. On Thursday, the information is staffed from 1:00
p.m. to 6:00 p.m.

I hope this information is helpful in responding to your

constituent.

Sincerely,

Bill Lann Lee

Acting Assistant Attorney General
Civil Rights Division