Sidewalks Must be Accessible under the ADA

MRSC, July 18, 2003

The United States Supreme Court decided June 23, 2003 not to consider an appeal brought by the City of Sacramento regarding the responsibility to maintain sidewalks under the Americans with Disabilities Act (ADA). The Court's ruling (46 KB) upholds a United States Court of Appeals Ninth Circuit decision that ruled sidewalks installed and maintained by local governments must be accessible to persons with disabilities under the ADA. (The Ninth Circuit serves the state of Washington.) Under the lower court's decision, Sacramento was advised that not only must it provide curb ramps at intersections on newly-constructed or remodeled roadways and walkways, it must also have a program to assure the accessibility of all its sidewalks between curb ramps.

The ruling means that governments could be obligated to remove barriers from their sidewalks, such as benches, wires, cracks, breaks, and sign posts, if their presence poses a barrier to the accessibility of the sidewalk to, for example, persons using wheelchairs or those with sight impairments.

The decision is based upon the court's holding that the operation of sidewalks is a municipal "service, program, or activity" under the ADA and that maintaining a public sidewalk is a "normal function of a governmental entity." The Supreme Court's action returns the case for further proceedings at which Sacramento will likely argue that maintaining its sidewalks would create "undue financial and administrative burdens."