# 187

March 20, 1996

The Honorable Strom Thurmond

United States Senate
Washington, D.C. 20510-4001

Dear Senator Thurmond:

This letter responds to your inquiry on behalf of your

constituent, Ms. XXXXXXXXXXX, who requests the status of a
complaint that the Department of Justice received from her on
November 6, 1995. Ms. XXXX alleges that the City of Charleston,
South Carolina, is in violation of the Americans with
Disabilities Act of 1990 (ADA) by failing to install an audible
traffic signal to assist individuals with visual impairments at a
four-lane intersection. The response to your letter was delayed
because of the shutdown of the Federal government. I apologize
for any inconvenience to your constituent.

The issue that Ms. XXXX presents is a matter over which a

local or State government entity has jurisdiction. Thus, the
circumstances that Ms. XXXX describes do not raise an issue that
we are able to address. She may, however, wish to contact the
appropriate city office that would have the authority to handle
the matter she has described.

The ADA does not require local governments to install

audible or vibro-tactile crossing signals. In 1992, the
Architectural and Transportation Barriers Compliance Board
(Access Board) considered a provision for audible or vibro-
tactile crossing signals. The Access Board requested public
comments on the proposed provision. Americans with Disabilities
Act Accessibility Guidelines for Buildings and Facilities; State
and Local Government Facilities, 57 Fed. Reg. 60546 (1992).

However, because of a lack of consensus on the need for

these devices and the specifications these devices should be
required to meet, the Access Board's interim final rule does not
contain technical or scoping provisions for audible or vibro-
tactile crossing signals. The Access Board did note that the
comments received may be of value in future rulemaking and
technical assistance and that new technologies are being tested
in several communities. Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities; State and
Local Government Facilities, 59 Fed. Reg. 31734 (1994).
Therefore, Ms. XXXX may send comments on audible traffic signals
to the Access Board for possible future Federal guidance.

For further information on this issue, you or your

constituent may contact:

U.S. Architectural and Transportation

Barriers Compliance Board
1331 F Street, N.W.
Suite 1000
Washington, D.C. 20004-1111

Telephone: (202) 272-5434; or

Office of Highway Safety

Traffic Management Branch
Federal Highway Administration
Department of Transportation
HTV-31
400 7th Street, S.W.
Room 3408
Washington, D.C. 20590

Telephone: (202) 366-5465

We have replied to the letter your constituent sent to the

Civil Rights Division. I hope this information will assist you
in responding to your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division