Frame v. City of Arlington - 657 F.3d 215 (5th Cir. 2011)

Rule:

It would have come as no surprise to the Congress that enacted the ADA that Title II and its implementing regulations were being used to regulate newly built and altered city sidewalks. Indeed, Title II unambiguously requires this result.

Facts:

Title II of the Americans with Disabilities Act (ADA), like § 504 of the Rehabilitation Act, provides that individuals with disabilities shall not "be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." For nearly two decades, Title II's implementing regulations have required cities to make newly built and altered sidewalks readily accessible to individuals with disabilities. The plaintiffs-appellants in this case, five individuals with disabilities, allege that defendant-appellee the City of Arlington (the City) has recently built and altered sidewalks that are not readily accessible to them. The plaintiffs brought this action for injunctive relief under Title II and § 504.

Issue:

Does Title II and § 504 (and their implied private right of action) extend to newly built and altered public sidewalks?

Answer:

Yes.

Conclusion:

Based on statutory text and structure, the court held that Title II and § 504 unambiguously extend to newly built and altered public sidewalks. The court further held that the plaintiffs have a private right of action to enforce Title II and § 504 to the extent they would require the City to make reasonable modifications to such sidewalks.