## Facts

- A class of individuals with mobility and vision disabilities sued the City of Sacramento under Title II of the ADA and § 504 of the Rehabilitation Act, alleging the City failed to ensure accessible public sidewalks.
- Plaintiffs alleged the City failed to install curb ramps when constructing or altering sidewalks and failed to maintain sidewalks in an accessible condition (e.g., uneven pavement and other barriers).
- The parties stipulated to an injunction requiring installation of curb ramps at appropriate locations but disputed whether the City had obligations to remove other sidewalk accessibility barriers.
- The dispute narrowed to whether public sidewalks are a covered “service, program, or activity” of a public entity, such that program-accessibility requirements apply.

## Issues

1. Whether public sidewalks are a “service, program, or activity” of a city under Title II of the ADA and § 504 of the Rehabilitation Act.
2. If so, whether the ADA and Rehabilitation Act program-accessibility regulations apply to a city’s sidewalk system.

## Decision

- The Ninth Circuit reversed the district court’s ruling that sidewalks are not a covered service, program, or activity.
- The court held that public sidewalks are a city service, program, or activity within the meaning of Title II and § 504.
- The court concluded the sidewalk system is subject to program-accessibility regulations and remanded for further proceedings.

## Legal Principles

- Title II’s “services, programs, or activities” language is interpreted broadly to cover what a public entity does, including ordinary municipal functions.
- A city’s construction and maintenance of public sidewalks constitute a covered governmental service, program, or activity under Title II and § 504.
- Program-accessibility regulations require a public entity to operate each service, program, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities.
- Courts may give deference to the Department of Justice’s reasonable interpretation of Title II and its implementing regulations.

## Conclusion

The Ninth Circuit held that a municipality’s sidewalk system is a covered service, program, or activity under ADA Title II and § 504, requiring compliance with program-accessibility obligations and further proceedings on the scope of necessary accessibility measures.


Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002)