Where Does the Sidewalk End and the ADA Begin?
By Tony Mauro The next major battleground over the scope and meaning of the Americans with Disabilities Act (ADA) may be the public sidewalk.In City of Sacramento v. Barden, No. 02-815, which goes before the U.S. Supreme Court at its private conference this Friday, the issue is whether the 1990 federal disabilities law requires local governments to overhaul existing sidewalks to make them more accessible to the disabled.In an amicus curiae brief filed in the case, the National League of Cities warns of dire fiscal consequences if the high court answers yes. Justices will decide at the conference whether or not to grant review in the case, along with dozens of others. The Court will also meet in conference on March 7. Ever since the ADA was passed, the high court has had a steady diet of cases interpreting its provisions. The Sacramento CA case asks whether municipal sidewalks are the type of government program, service or activity the law says must be made accessible to those with disa
