Kinney v. Yerusalim

The City of Philadelphia (city) had a practice of installing curb ramps on public sidewalks only if work on a particular street directly affected the curb or sidewalk or if the street required complete reconstruction. The city regularly took contracting bids for resurfacing projects on local streets, ranging from basic paving to full street reconstruction. The resurfacing projects did not directly impact the adjoining sidewalks or curbs, and curb ramps were not installed. Because of this practice, Disabled in Action, a nonprofit organization, and a group of disabled individuals in the city (disabled citizens) (plaintiffs) filed a class-action suit against city and state officials (defendants), including Howard Yerusalim, the secretary of the Pennsylvania Department of Transportation (defendant). The disabled citizens claimed that the Americans with Disabilities Act (ADA) required the city to install necessary curb ramps during any street-resurfacing project. The citizens sought an injunction compelling the city to retroactively install ramps on all streets for which resurfacing bids had been accepted since the passage of the ADA. The city argued that curb installation was not required for existing facilities and that street resurfacing did not constitute an alteration within the scope of ADA regulations. The city further stated that a required installation of curb ramps would place an undue burden on the city budget. The district court found in favor of the disabled citizens, and the city appealed to the Third Circuit.